Published 2 October 2026 · Geschillenregeling

Buurtwonen – refusal to reconsider binding findings

Decision: 24 September 2026 · ECLI:NL:GHAMS:2026:2822

AI-assisted legal analysis

This AI-assisted legal analysis has not been independently verified by a lawyer. Consult the original decision before relying upon it. Disclaimer.

Publication: 2 October 2026 · Decision: 24 September 2026

Facts

In the Buurtwonen joint venture between Buurtzorg and Hestia, a shareholder exit was granted earlier but an equitable price uplift and damages were refused.

Proceedings

On 10 August 2026 Hestia asked the court to reconsider its binding findings, relying on further conversations and messages.

Legal question

When may a binding interlocutory finding be reconsidered in ongoing proceedings?

Decision

The Enterprise Chamber refuses to revisit its earlier decisions.

Reasoning and paragraphs

Paragraph 3.1 explains the exceptional reconsideration test, referring to a Supreme Court ruling of 25 April 2008; paragraphs 3.2–3.3 reject the claimed new factual basis.

Legal significance

Further evidence alone does not require reopening an issue already conclusively decided.

Original decision

Official full decision at Rechtspraak.nl

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