A counter-offensive by the providers of CFD products has been halted. The judge in Cyprus refuses permission to take Dutch consumers to court. fake ads These are providers of contracts for difference (CFDs) from Cyprus who sell these investment products through fake advertisements about bitcoins and famous people. Last year, several Dutch courts declared themselves competent to hear cases against these parties. The stake is now more than € 8,000,000. Which judge? The CFD brokers [...]
Lawsuits are pending in various Dutch courts against sellers of CFDs (contracts for difference) from Cyprus. Victims have lost a lot of money, with peaks of up to 800,000 euros. Most victims say they ended up at the CFD brokers through a fake advertisement with a well-known Dutch person. What are the developments in these lawsuits?
The Limburg court has declared itself competent in a case of a victim of fake advertisements against the seller of CFD products from Cyprus. The provider stated that the victim was a professional investor and had to go to Cyprus for the lawsuit. The court disagrees.
States are sovereign and it is not self-evident that a court decision from another country is recognized. However, there are treaties on the basis of which a decision of a foreign court in the Netherlands can be recognized and enforced by the bailiff. In the absence of a treaty, a special arrangement applies: art. 431 Rv.
Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?