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ECLI:NL:GHAMS:2025:1656

AMSTERDAM COURT OF APPEAL Netherlands Commercial Court of Appeal Case numbers: 200.332.426 and 200.340.963 Judgment given on 24 June 2025 In the matter of Claimant in appeal in 200.332.426 defendant i

Article 6

:119 DCC, if the order has not been paid within 14 days after this judgment or after the post-judgment costs have become due, until payment is made in full; 6.

  1. declares this judgment enforceable notwithstanding any remedy; In case no. 200.340.963 The Court: 6.
  2. annuls the judgment given by the NCC on 7 February 2024 insofar as: PRA was ordered to pay attachment costs (8.1 in that judgment); DiaMedica was ordered to pay the costs of the proceedings in the counterclaim (8.8 in that judgment); PRA’s claim for declaratory relief concerning the enforcement of the 2023 Judgment was denied. and: 6.
  3. denies DiaMedica’s claims concerning the attachment costs; 6.
  4. declares that the enforcement by DiaMedica of the judgment given by the NCC on 21 April 2023 constitutes a wrongful act towards PRA; 6.
  5. orders PRA to pay the costs of these proceedings in first instance in the counterclaim set at: EUR 8,000.00 in the counterclaim; to be increased

Article 6

:119 DCC, if the costs order has not been paid within 14 days after this judgment, until payment is made in full; 6.

  1. confirms all other decisions in the judgment given by the NCC on 7 February 2024 (case no. NCC 22/018 (C/13/730389); 6.
  2. orders DiaMedica to pay the costs of these proceedings in appeal, set at: EUR 44,782.00 in appeal; the costs following judgment of EUR 178.00; if the orders are not complied with within 14 days after this judgment and this judgment is served: plus EUR 92.00 for costs following judgment and the costs of the writ of service; to be increased

Article 6

:119 DCC, if the costs order has not been paid within 14 days after this judgment or after the post-judgment costs have become due, until payment is made in full; 6.11. orders PRA to pay the costs of these proceedings in cross-appeal, set at: EUR 10,200.00 in cross-appeal; to be increased

Article 6

:119 DCC, if the costs order has not been paid within 14 days after this judgment, until payment is made in full; 6.

  1. declares this judgment enforceable notwithstanding any remedy; 6.
  2. denies all other claims. Done by P.F.G.T. Hofmeijer-Rutten, C.A. Joustra and P.B. Hugenholtz, court of appeal judges, assisted by E.J. van Veelen, clerk of the court. Issued in public on 24 June
  3. APPROVED FOR DISTRIBUTION IN eNCC SIGNATURE PAGE 1 OF 2 P.F.G.T. Hofmeijer-Rutten (PRESIDING JUDGE) SIGNATURE PAGE 2 OF 2 (CLERK OF THE COURT) ECLI:NL:RBAMS:2023:2540 ECLI:NL:RBAMS:2024:732 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). Dutch Supreme Court, 6 April 2012, ECLI:NL:HR:2012:BV7828

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