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BASE represented TDX in a dispute with its then US co-shareholder in the IT company DMARC Advisor. That then co-shareholder owned a majority of the shares. When he threatened to replace TDX with a stooge as sole director of the company, BASE successfully initiated proceedings in the Enterprise Chamber to prevent that (ECLI:GHAMS:2020:2536).
BASE then successfully enforced the transfer of the shares to TDX in summary proceedings (ECLI:NL:RBROT:2021:7870), so that TDX acquired 100% of the shares and was also restored to its position as sole director by the Enterprise Chamber (ECLI:NL:GHAMS:2021:3240). The remainder of the proceedings before the Enterprise Chamber (the second stage) then established that the US co-shareholder was responsible for mismanagement in the company (ECLI:NL:GHAMS:2022:3212). BASE regularly helps shareholders in a variety of sectors to get (back) a grip on their companies.
BASE is a regular consultation partner and advisor to several companies within the Cellnex Group. Cellnex is the leading infrastructure provider for wireless telecommunications in Europe. BASE advises on (the threat of) various civil law disputes. Cases range from disputes on the interpretation of contracts, (wrongful) attachments and directors' liability. In addition, as a regular consultation partner, BASE assists Cellnex in all kinds of employment law issues, for example in the context of takeovers or individual dismissals.
Over the past decades, Stainalloy has become an established stockholding and project management organisation within the oil and gas producing and processing, power generation and desalination industries. BASE advises and assists Stainalloy in managing commercial disputes.
Vital Food Group forms a unique foodservice platform in the growing and rapidly changing food service market. Disputes can arise over the interpretation of provisions in contracts. BASE advises Vital Food Group in managing and resolving disputes about commercial contracts.
Kenzoll Capital is a private equity firm founded by ex-Ramphastos partner Corné Melissen, based in Amsterdam, specialising in investment opportunities in atypical situations. Kenzoll has a wide range of business activities, ranging from upstream oil and gold mining to cannabis. Kenzoll is the majority investor in a sizeable licensed cannabis producer in Zimbabwe and the proud owner of one of only 10 cultivation licences granted by the Dutch government.
BASE assists Kenzoll or its companies in cases involving corporate or commercial disputes.
BASE is assisting Dewulf Group, a company trading (internationally) in agricultural machinery, in a dispute over the termination of its contractual relationship with an English distributor. The dispute revolves around whether Dewulf has to pay substantial termination costs and damages. BASE helps Dewulf defend against these claims, including on the basis of interpretation of the distribution agreement. BASE regularly handles disputes on (the interpretation of) various commercial contracts.
Ramphastos Investments Management is a private equity firm founded in 1994 by entrepreneur and investor Marcel Boekhoorn. Ramphastos focuses on stimulating revenue growth in companies at all stages of their development. BASE is a trusted partner of Ramphastos and Marcel Boekhoorn in matters requiring conflict management or resolution.
BASE acts as adviser to the works council of APM Terminals Maasvlakte II B.V. The advice covers both employee participation issues and labour law issues. BASE has also successfully litigated for the works council at the Enterprise Chamber. The cooperation with BASE has previously been described by the works council as spot on. BASE advises works councils of several large companies.
BASE is Greenchoice's permanent consultation partner and adviser on employment and employee participation law issues. We have been working with Greenchoice's professionals for over a decade. Topics range from drafting a staff handbook together with the client, harmonising terms of employment, individual dismissal cases, to advising on transfers of undertaking.
BASE advises and represents Breathomix in a dispute with the Dutch State. During the COVID-19 outbreak and under pressure of impending shortage of testing capacity, the State ordered 1,800 so-called 'electronic noses' from Breathomix. Less than three weeks after the contract was signed and at the time COVID-19 numbers were was in decline, the State suddenly wanted to get rid of the contract. The State took the position that the SpiroNose did not work, refused to pay for the remainder of the ordered SpiroNoses and it rescinded the contract. It left Breathomix with no choice but to take the dispute to court.
These disputes often stem from a difference in interpretation of (lease) agreements. An example is the case in which a tank terminal claimed substantial payment from the Port Authority for costs it had incurred for remedial measures. According to the tank terminal, the Port Authority should have reimbursed those costs based on the agreements made. However, the court rejected the claim in its entirety (see ECLI:NL:RBROT:2023:7446).
BASE advises and represents the Trade Union of Independent RET Staff (in Dutch: VOR). This concerns individual issues of members, but also collective issues. Recently, through an appeal on European rights, BASE got RET's tattoo policy,. banning the visible wearing of tattoos, off the table.
For more than a decade, BASE's employment lawyers have been a regular consultation partner and adviser to housing corporation Havensteder. This includes, for example, advising on employee issues as well as on reintegration processes and staff loan. BASE has also guided Havensteder through several reorganisations.
“As former General Counsel at large companies, such as i.a. Europe Container Terminals (ECT), I am experienced in all aspects of corporate law, logistics, trade and customs, contract negotiations, tenders, litigation and antitrust/regulatory compliance. Through Leapius, I am often engaged by companies as Outside General Counsel, providing long-term, repetitive strategic legal support.
I like to work with BASE when managing complex litigious matters that, in my opinion, require external expertise and skills in dispute resolution and corporate & commercial litigation. Their team is energetic and hands-on, providing practical, useful and clear advice and creative and pragmatic solutions to problems of companies.”
Paul Drop
Leapius – Outside General Counsel