Didam ruling
In 2021, the Supreme Court set many pens in motion with the now illustrious Didam ruling. Governments wishing to sell land must provide equal opportunities for market parties to purchase it. The ruling led to a number of practical questions. The Supreme Court has since clarified its earlier ruling with a new ruling in the same case.The ruling provides more clarity on a number of practical questions.
Supreme Court
The first question at issue was whether a sales contract entered into in violation of the Didam Rules could be voided by a third party, or whether it might even be void from the outset. According to the Supreme Court, this is not the case.However, an agreement concluded in violation of the Didam Rules may give rise to damages.
The Supreme Court further points out that as long as the purchase agreement has not yet been concluded or delivery has not yet taken place, the court can additionally impose an injunction against the conclusion of a purchase agreement or delivery of a plot.
Finally, the Supreme Court has made it clear that the rules stemming from the first Didam ruling from 2021 also applied before that date. Purchase agreements entered into in violation of the Didam rules that predate 2021 thus remain at risk.
Want to know more? Contact one of our specialists: Tineke Splinter, Henk-Jan Ligtenberg or Rudolf van Binsbergen.
