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The Dutch Supreme Court recently issued an important ruling on
the commencement of the limitation period for compensation claims.
Under Dutch law, the limitation period starts running as soon as
the injured party has knowledge of the damage, and of who is
liable. Previous decisions show that knowledge should be
interpreted as actual knowledge, and that a mere presumption of
damage does not suffice. The injured party has to be capable of
instituting legal action; that is, the injured party must have a
sufficient degree of certainty about whose actions caused the
damage. Accordingly, the Court decided in this case that merely
knowing about the possibility of a party being liable is not enough
to trigger the limitation period. This ruling shows that the
requirement for actual knowledge is not easily met. When in doubt,
it is advisable for injured parties to notify the potentially
liable party a claim may be made.
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guide to the subject matter. Specialist advice should be sought
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