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Publication date: 19 October 2026 · Decision date: 6 October 2026
Summary
The chair of the Enterprise Chamber grants a minority shareholder restricted permission to use a corporate inquiry report in Dutch civil proceedings.
Facts
An inquiry into ICTS International concerned a 2019 share issue and debt conversion rights. The investigation report was lodged with the court in 2023.
Procedural history
After earlier proceedings, including rejection of misconduct findings and dismissal of a cassation appeal, the shareholder sought disclosure permission on 3 July 2026.
Legal question
When may confidential material from an inquiry report be shared for civil litigation about corporate resolutions and liability?
Decision
Permission is granted for specified Dutch civil proceedings, including issues under Articles 2:14 and 2:15 of the Dutch Civil Code, and related claims, subject to strict purpose and recipient limits.
Reasoning and cited paragraphs
Paragraph 3.10 supports conditional permission under Article 2:353(3). Operative paragraphs 4.1–4.4 limit recipients, use in litigation, disclosure as exhibits and protection of confidential information.
Legal significance
An inquiry report is not an unrestricted source of evidence. Its later litigation use may require carefully delimited judicial authorisation.