30-06-2016
The Supreme Court recently ruled that – in a bankruptcy/ restructuring situation - the fact that by mistake the wrong party is subpoenaed, does not necessarily lead to inadmissibility. The party can still fix this by calling the administrator in the procedure. The Supreme Court did not follow the opinion of the Public Attorney which concluded the case was inadmissible. This case is important in cases involving bankruptcy and debt restructuring.
For more information: http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:HR:2016:1311 (in Dutch).
The wrongly sued party was assisted before the Supreme Court by Niels van Steijn.
