“Judge-made law has played its part.” The changing role of the judiciary in bank insolvencies

“Judge-made law has played its part. To statute-law belongs the future. Let us pray for well-drawn statutes”. Meijers believed this was true for civil law in 1950. For bank insolvency law it is also true today.

Matthias Haentjens • February 15, 2016

Unsuccessful SNS appeal leaves investors with questions about Dutch Intervention Act

The European Court of Human Rights ('the Court') dismissed the appeal of SNS investors against the expropriation of their shares and subordinated debt. Which questions would the Court have had to answer, if the appeal had been held admissible?

Sander Schuller • June 16, 2014 • 1 comment

Securities owners v. State of the Netherlands: 1-1

Two weeks ago, another milestone was reached in the legal battles following the nationalisation of SNS Reaal. An Amsterdam court held that the State of the Netherlands should pay expropriated securities owners more compensation for their losses.

Matthias Haentjens • August 05, 2013

SNS REAAL and the shareholders who cried State aid

Can SNS REAAL’s expropriated shareholders rely on European State aid law? The Dutch Council of State rules that they cannot.

Alke Metselaar • March 12, 2013 • 3 comments

Roman banking gone wrong. The case of Titianus Primus.

Who is liable when a banking business goes wrong? A Roman answer to a modern question.

Elsemieke Daalder • March 07, 2013

Bondholders in heavy weather – the case of SNS Reaal

A snow storm was blowing around our Law School last week. The financial sector seems to mirror current climatological extremes, as banking conglomerate SNS Reaal was nationalised two weeks ago.

Matthias Haentjens • February 18, 2013 • 5 comments

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