Supreme Court Appeal in a Confiscation Case Involving the Trust Sector

The Court of Appeal estimated the benefit unlawfully obtained by certain companies at €1,688,200 and held that this benefit could be attributed to the individual concerned. In her appeal to the Supreme Court, Linda van der Hut challenged this ruling, among other things.

The Supreme Court agrees with this appeal and states:

“That ruling is not sufficiently substantiated. It is not sufficient that the person concerned had ‘material control’ over those legal entities and was thereby able to dispose of their assets, because it cannot be readily inferred from this whether, if so, to what extent the person in question disposed of or was able to dispose of those assets so freely and for his own benefit that this unlawfully obtained benefit can be attributed to the person in question as an actually unlawfully obtained benefit.”

Read the ruling here