Jones Day (Amsterdam)

Gerjanne te Winkel

Jones Day (Amsterdam)
Partner

Gerjanne te Winkel is a partner with Jones Day and is based in their Amsterdam office where she has built more than 30 years of experience in civil litigation and arbitration. She is widely recognized as one of the leading corporate litigation lawyers in the Netherlands. She has represented clients in several well publicized landmark cases before the Enterprise Division of the Amsterdam Court of Appeals, including Delta Lloyd, ABN AMRO, Versatel, Getronics, Cryo-Save, Novero, and SNS Reaal. Gerjanne frequently acts as lead counsel in international commercial arbitration cases, which includes a major international arbitration case before the Netherlands Arbitration Institute (NAI) concerning a claim under guarantees in a takeover dispute. Prior to joining Jones Day, Gerjanne successfully defended Joint Services International N.V. in a one and a half billion euro arbitration case instituted by O’Neill, Inc. before the London Court of International Arbitration (LCIA). In addition to her extensive corporate litigation and arbitration track record, Gerjanne focuses on directors’ liability and professional liability cases, particularly those relating to accountants, tax lawyers, and civil law notaries. Gerjanne has represented the former supervisory directors of Fairstar Heavy Transport N.V. in a directors liability case against Dockwise and also represented a consortium of financial institutions in a professional liability case against a major accountancy firm that led to the largest professional liability settlement in Dutch litigation history. Gerjanne regularly publishes and lectures on civil law and corporate governance topics at educational institutions and for the Dutch Corporate Litigation Association. She also teaches at a law academy for young lawyers and was a committee member of the Dutch Bar Association education program.

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Articles

291 Bulletin

Gerjanne te Winkel, Niels Van Loon The Dutch Court of Appeal for Amsterdam confirms that litigation vehicles must provide documentation regarding the assignment of claims they submit (Royal Dutch Airlines / Martinair Holland / Societe Air France / Singapore Airlines / Lufthansa / Swiss International Air Lines...)

30

Brief summary of facts In its Decision of 17 March 2017, the European Commission found that several air carriers coordinated fuel and safety charges for flights within the European Economic area in the period of December 1999 till February 2006, and thus infringed the cartel prohibition. (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Arnhem-Leeuwarden Court of Appeal applies the Skanska judgement and determines that the parent company of a firm participating in the gas insulated switch gear cartel may be liable for damages (TenneT / Alstom / Cogelex)

29

Brief summary of facts If this decision, the Court of Appeal Arnhem-Leeuwarden applied the Skanska judgment of the European Court of Justice (i.e. applied the competition law definition of an ‘undertaking’ within the meaning of Article 101 TFEU) to establish liability of a subsidiary for (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Court of Appeal Arnhem-Leeuwarden rules that a claim vehicle failed to prove a causal link between the alleged cartel in the elevator sector and the alleged damage to the assignees (East West Debt / United Technologie Corporaton / Schindler / ThyssenKrupp / Kone / Mitsubishi)

19

Brief summary of facts In its Decision of 21 February 2007, the European Commission found manufacturers of elevators and escalators infringed the cartel prohibition. EWD claimed that the material claimants / purchasers of (services related to) escalators and elevators - which allegedly (...)

Gerjanne te Winkel, Niels Van Loon The Dutch District Court of Rotterdam rules that a producer of bitumen, a material used in the construction of roads, is jointly and severally liable for cartel participation and that the alleged infringement is not time-barred (Van Gelder / Shell / Kuwait)

41

Brief summary of facts In its Decision of 13 September 2006, the European Commission found that 8 suppliers of road construction bitumen and 6 main road manufacturers infringed the cartel prohibition. Van Gelder claimed that they suffered damage as a result of the cartel because they were (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Gerald District Court rules that a provider of gas insulated switchgear installation services should pay €29.7M in damages to a State-owned electricity grid company for cartel participation (TenneT TSO / Saranne / ABB)

39

Brief summary of facts In 1993, Sep and ABB entered into an agreement, which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Limburg District Court dismisses the claim of a German railway company against a producer of pre-stressing steel for infringing the cartel prohibition on the grounds that the claim was time-barred (Deutsche Bahn / Spanstaal)

23

Brief summary of facts In its Decision of 6 October 2010, the European Commission found that 17 producers of pre-stressing steel infringed the cartel prohibition. Deutsche Bahn A.G. claimed it has suffered damages as a consequence of the cartel infringement. Deutsche Bahn A.G. also stated (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Midden-Nederland District Court rejects a damages claim in a cartel case on the grounds that the claimant had failed in its obligation to furnish facts and sufficiently substantiate their claim (East West Debt / United Technologie / Schindler / ThyssenKrupp / Kone / Mitsubishi Elevator)

19

Brief summary of facts In its Decision of 21 February 2007, the European Commission found that manufacturers of elevators and escalators infringed the cartel prohibition. EWD claimed that the material claimants, i.e. the purchasers of (services related to) escalators and elevators - which (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Supreme Court rules that if a passing on defence were allowed then the chance of damages being paid was virtually negligible, but if not allowed the same third parties would still benefit because the claimant in this case is a State-owned enterprise (TenneT TSO / Saranne / ABB)

25

Brief summary of facts In 1993, Sep and ABB entered into an agreement, which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter alia, ABB (...)

Gerjanne te Winkel, Niels Van Loon The Dutch District Court Gelderland order a French engineering giant specialising in railway technologies to pay a Dutch transmission operator €14M for damages sustained as a result of a cartel (Alstom / Cogelex / TenneT TSO / Saranne)

18

Brief summary of facts In 1993, Sep and Alstom entered into an agreement which provided for the supply by Alstom of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, (...)

Gerjanne te Winkel, Niels Van Loon The Dutch Court of Appeals for Arnhem-Leeuwarden rules the passing on defence is valid but determines the parties have not debated the allocation of the burden of proof sufficiently to draw a conclusion on the substance (TenneT TSO / Saranne / ABB)

19

Brief summary of facts In 1993, Sep and ABB entered into an agreement which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter (...)

Gerjanne te Winkel, Niels Van Loon The East Netherlands District Court rules that an installer of gas insulated switchgear and its parent company are jointly and severally liable to pay damages to an electricity transmission operator which was harmed by a cartel (TenneT TSO / Saranne / ABB)

29

Brief summary of facts In 1993, Sep and ABB entered into an agreement which provided for the supply by ABB of a Gas Insulated Switchgear (GIS) installation to Sep that was subsequently transferred to TenneT. In its Decision of 24 January 2007, the European Commission found that, inter (...)

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291
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26.5
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11
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Author's ranking
951th
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