Bart
Zandbergen
- attorney-at-law | partner
Bart Zandbergen is a cassation lawyer at the Dutch Supreme Court. He also litigates in district courts and courts of appeal concerning (national and international) acquisitions, financing arrangements and securities, disputes between shareholders as well as disputes concerning property law, private international law and tax matters.
Bart was the legal & tax partner at a well-known private equity firm for fifteen years. Bart holds four master’s degrees (Dutch law, tax law, law & economics and industrial engineering and management). He litigates and advises mainly in cases concerning corporate law and related deal making aspects as well as in cases containing topics at the intersection of legal, fiscal and financial matters.
Bart Zandbergen has in-depth knowledge of financial and tax issues and knows how to apply them to my advantage in legal proceedings.
Bart Zandbergen is an excellent lawyer with great expertise in coporate and commercial litigation.
Partner Bart Zandbergen is not only a very sharp legal advisor, he also has a great eye for our financials and tax position.
We find Bart Zandbergen to be an outstanding advisor with a great eye for the essence of the case.
Bart Zandbergen is a lawyer who really understands financials, which you do not see that often.
Bart is an expert in his field.
Bart Zandbergen is a very seasoned professional who understands my business.
The energy and commitment of Bart Zandbergen is especially notable. He has great knowledge and produces pragmatic, solid and ready to use advice.
Bart knows what he talks about and delivers what he promises.
Because of Bart’s in-depth knowledge of not only the law but also our business as well as financial and tax aspects, we have been able to get better deals!
Expertise
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Civil cassation
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Private international law
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Property law
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Tax law
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Shareholder disputes
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Litigation on acquisitions, financing, securities and restructuring
Memberships
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Association for Civil Cassation Attorneys
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Association for Corporate Litigation
- Dutch Association for Procedural Law
Annotaties
2023
- JIN 2023/49 - ECLI:NL:HR:2023:295 - Mutual duty of contribution (duty to pay) of joint and several debtors in corporate relationship (with H.A. de Bruijn)
- JIN 2023/47 - ECLI:NL:HR:2023:313 - No review allowed on the basis of the Vienna Sales Convention if the court only applied Dutch law to the exclusion of this convention and no complaints were directed against the court's opinion that Dutch law applied (with S. Lubberhuizen)
2021
- JIN 2021/177 - ECLI:NL:HR:2021:1536 - Scope of the obligation to complain under section 6:89 of the Dutch Civil Code (with H.A. de Bruijn)
- JIN 2021/158 - ECLI:NL:HR:2021:1536 - Obiter dictum as principal carrying grounds (with H.A. de Bruijn)
- JIN 2021/125 - ECLI:NL:HR:2021:1170 - Recognition of foreign judgment under section 431(2) Rv (with S. Lubberhuizen)
2020
- JPBr 2020/37 - ECLI:NL:HR:2020:112- Assessment of the validity of a forum selection clause in an expired written distribution agreement that has been tacitly continued (with S. Lubberhuizen)
- JPBr 2020/49 - ECLI:NL:GHARL:2019:10863 - Assessment of the validity of a choice of forum clause in an expired written distribution agreement that has been tacitly continued (with S. Lubberhuizen)
- JIN 2020/140 - ECLI:NL:HR:2020:1310 - During period that legal person has ceased to exist, the limitation period is subject to a prolongation ground as referred to in Section 3:320 of the Dutch Civil Code (with H.A. de Bruijn)
- JIN 2020/137 - ECLI:NL:HR:2020:1276 - A bank's claim from money lending is assignable to a non-bank (2) (with S. Lubberhuizen)
- JIN 2020/136 - ECLI:NL:HR:2020:1274 - A claim of a bank on the basis of money lending is assignable to a non-bank (with S. Lubberhuizen)
2019
2018
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JIN 2018/140 - ECLI:NL:HR:2018:1099 - IPR, Procedural law, Leave for enforcement of Swiss judgment, Temporal scope of EVEX I and EVEX II, Inadmissibility of appeal in cassation for exceeding time limit pursuant to EVEX I Implementation Act, Is enforcement of Swiss judgment manifestly contrary to Dutch public order if the claim arising from that judgment is time-barred under Swiss law? (with J.M. Kuipers)
- JIN 2018/116 - ECLI:NL:HR:2018:728 - Procedural law, Reimbursement of procedural costs on the basis of a judgment subsequently annulled, Conditional annulment, Reinvigorating annulled decision
- JIN 2018/97 - ECLI:NL:HR:2018:535 - Property law, Community, Possibility for a participant to bring a claim or petition for the benefit of the community against another participant, or against third parties (Articles 3:170(2) and 3:171 Dutch Civil Code) (with J.M. Kuipers)
- JIN 2018/56 - ECLI:NL:HR:2018:111 - Prescription of damages claims for tort, Interruption of the limitation period pursuant to Article 3:317(1) of the CodeDutch Civil Code by written communication contained in an agreement during negotiations unacceptable by the standards of reasonableness and fairness (with J.M. Kuipers), Interpretation of agreement, Reliance on prescription
- JIN 2018/34 - ECLI:NL:HR:2017:3238 - Appellate procedural law, Two-conclusion rule and exceptions, Unambiguous consent, Limits to extension of defence by respondent, Interpretation of documents on the case-file, Requirements of due process (with J.M. Kuipers)
2017
- JIN 2017/180 - ECLI:NL:HR:2017:2360 - Revindication painting, Increase of claim after cassation and referral on the basis of new fact, Admissibility of repeated claim changes after they had not been admitted before, Compensation of actually incurred legal costs, Exception of exclusive and limitative regulation of legal costs due to abuse of rights (with J.H.L. Damen)
- o JIN 2017/160 - ECLI:NL:RBNNE:2017:2726 - Statutory director, Employment relation, Dismissal, level of fair compensation (with J.H.L. Damen)
- JIN 2017/119 - ECLI:NL:HR:2017:936 - Interruption of prescription consent requirement of Art. 1:88 DCC on grounds of collective action to which one is not a member, Moment of end of interruptive effect and commencement of six-month period referred to in Art. 3:316(2) DCC
- JIN 2017/101 - ECLI:NL:HR:2017:694 - Jurisdiction of Dutch courts, Art. 5 opening words and under 3, and Art. 23 EEX-Vo, Subrogation
- JIN 2017/99 - ECLI:NL:HR:2016:2984 - Property law, Dispute over ownership of Stradivarius violin given on consignment to violin dealer and sold by the latter to a third party, Revindication, Power of disposal of consignee? Interpretation of ownership clause in consignment agreement
- JIN 2017/81 - ECLI:NL:HR:2017:555 - Arbitration, Recognition of foreign arbitral award, Remedy under prohibition of discrimination under Article III New York Convention, No breach under Article 6 ECHR
2016
- JIN 2016/226 - ECLI:NL:HR:2016:2354 - International public law, Executory attachment at the expense of foreign state, Extent of immunity from execution, Burden of proof and burden of proof regarding destination of goods allowing seizure and execution, Reference to HR 30 September 2016, ECLI:NL:HR:2016:2236 and HR 11 July 2008, ECLI:NL:HR:2008:BD1387, NJ 2010/525 (Azeta/JCR and State)
- JIN 2016/200 - ECLI:NL:HR:2016:2228 - Law of obligations, Money lending or gift, Obligation to furnish facts and the burden of proof
- JIN 2016/153 - ECLI:NL:GHAMS:2016:2816 - Reasonableness and fairness (with M.C. van Rijswijk)
- JIN 2016/136 - ECLI:NL:HR:2016:994 - In assessing the possible presence of prohibited state aid, are the guarantees provided by the port authority imputable to the government? (with L. van Halderen)
- JIN 2016/111 - ECLI:NL:HR:2016:663 - Procedural law, Prescription/interruption, Limits of legal dispute
- JIN 2016/105 - ECLI:NL:GHDHA:2014:4702 - Bankruptcy company, Directors' liability, Art. 2:248(2) BW (with S.H.M. Zuidervliet)
- JIN 2016/83 - ECLI:NL:GHAMS:2016:1198 - Enterprise Division of the Amsterdam Court of Appeal, Hearing officer, Inquiry, Granting the investigator's request under Art 2:352(1) of the Dutch Civil Code, Order for the company to allow the investigator to inspect documents containing information on the share price referred to in 2.1 of the order (with M.C. van Rijswijk)
- JIN 2016/64 - ECLI:NL:HR:2016:155 - Procedural law, Refusal of statement of defence on appeal due to submission several hours before the hearing and delivery at the hearing to foreign opposing party (with M.C. van Rijswijk)
- JIN 2016/63 - ECLI:NL:GHSHE:2016:739 - Directors' liability, No application of Spanish villa judgment because the director is accused of insufficiently discharging his duties as director
- JIN 2016/35 - ECLI:NL:GHSHE:2016:111 - Directors' liability in bankruptcy, Improper performance of duties, Accounting duty, Rebuttal of presumption important cause of bankruptcy (with M.C. van Rijwijk)
2015
2014
Other publications
- House bought, or not?
- Overdracht van een vordering van een bank aan een niet-bank
- De materiële geldigheid van een forumkeuzebeding in de zin van art. 25 Brussel I-bis Vo
- Verlengingsgrond voor verjaring bij een vordering op een failliet verklaarde rechtsersoon
- Performance and creditor arrangements in times of corona
- Waarvoor staat Jan garant?
- Initiating an inquiry procedure; look before you leap!