Dutch court dismisses cassation on nuisance damages, ruling interest only runs from demand date under civil code.
Legislator summary
AI generatedThe High Court of the Netherlands dismissed the cassation appeals filed by a property owner and the municipality regarding damages for river pollution. The plaintiff sought compensation for reduced enjoyment of their land and interest on delayed payments, while the defendant argued the lower court erred in calculating interest. The court held that interest for delayed performance under Article 1286 of the Civil Code only accrues from the date of the legal demand, not from the date the damage occurred, thus rejecting the plaintiff's claim for interest on the entire period.
Legislator headnote
AI generatedArticles 1286, 1401-1403 Burgerlijk Wetboek: Interest for delayed performance is strictly limited to the period after the legal demand is made, excluding the period of the underlying damage itself.