Summary
Under Dutch and EU law, you have the right to claim damages for breach of contract and to receive goods as per agreed terms. Suitable forums for quick remedies include the Dutch Court (Kort Geding) for urgent matters and the EU Small Claims Procedure for cross-border disputes up to €5,000. To initiate a Kort Geding, file a petition with the court, and for the EU Small Claims Procedure, submit the claim form on the European e-Justice Portal. To summon the president of the supplier company, include them as a defendant in your lawsuit and request a court-issued summons.Full Conversation
I have a issue with my supplier
Hi Sam! Could you please provide more details about the issue you're facing with your supplier? For example, is it related to the quality of goods, delivery times, or a breach of contract? This will help me provide you with more specific information.
I had an agreement last year dec * for the supply of * home storage battery sets divided into 11 months starting from april * but my supplier deliever them the first batch in august * and on top they were faulty now i am in dec and i have pressure from the market and i am exhausted financialy
Sam, it sounds like you may have a strong breach of contract case. Here are some general points you might consider:
- Review your contract for specific terms on delivery schedules and product quality.
- Document all communications and evidence of delays and faulty products.
- Notify your supplier formally (if not already done) about the breaches.
- Consider claiming damages for financial losses incurred.
Would you like more information on how to proceed with a formal complaint or legal action?
Yes
Sam, here are some steps you can take to proceed with a formal complaint or legal action:
- Send a Demand Letter: Outline the breaches and your claims.
- File a Lawsuit: If the demand letter doesn't resolve the issue, consider filing a lawsuit for breach of contract.
- Seek Damages: Claim financial losses due to delays and faulty products.
Do you need help in finding a lawyer or more details on filing a lawsuit?
Under the dutch and eu law what are the suitable forum to get a quick remedy and what are my rights
Sam, here are the suitable forums and your rights under Dutch and EU law:
Rights:
- Right to claim for damages due to breach of contract.
- Right to receive goods as per the agreed quality and delivery schedule.
Suitable Forums:
- Dutch Court (Kort Geding): For urgent matters, you can file for a summary proceeding (Kort Geding) in civil court.
- EU Small Claims Procedure: For cross-border disputes involving claims up to €*,*.
Would you like more information on how to initiate a Kort Geding or EU Small Claims Procedure?
Yes pls
To initiate a Kort Geding (Summary Proceeding) in the Dutch court:
- File a petition with the court outlining the urgency and the breach of contract.
- Provide all necessary evidence and documentation.
- Court will schedule a hearing, usually within a few weeks.
To initiate an EU Small Claims Procedure:
- Fill out the claim form available on the European e-Justice Portal.
- Submit the form to the competent court.
- The court will process the claim and inform the defendant.
Would you like more detailed steps on any of these procedures?
I want to summon the president of the supplier company who is also one of the signatury in my contract
Sam, to summon the president of the supplier company, you can follow these steps:
- Include in Your Lawsuit: When filing your claim, specify the president as a defendant due to their role in contract signing and oversight.
- Request for Summons: The court can issue a summons for them to appear.
Would you like more details on how to prepare the summons request?
Yes
Sam, here are the steps to prepare a summons request:
- Draft the Summons: Clearly state the reasons for the summons and the involvement of the president in the breach of contract.
- File with the Court: Submit the summons along with your lawsuit paperwork.
- Serve the Summons: Ensure the president receives the summons via a recognized service method.
Would you like more details on drafting the summons or serving it?