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Enterprise Chamber: no investigation on management Slotervaart hospital


The Enterprise Chamber of the Amsterdam Court of Appeals has ruled that there will be no investigation on the management of Slotervaartziekenhuis B.V., the firstprivately owned Dutch hospital.

The request for the investigation was filed by the children of former CEO Aysel Erbudak, who was dismissed in March 2013. Erbudak’s children have an indirect share interest in Slotervaartziekenhuis, which interest diluted in March 2013, when one of the hospital’s creditors converted its loan into newly issued cumulative preference shares.

 The Enterprise Chamber holds that, as the petitioners only have an indirect stake in Slotervaartziekenhuis, they should establish (i) that they have an economic interest in Slotervaartziekenhuis, or (ii) that they are entitled to request for a concern investigation.

The Enterprise Chamber rules that neither of both criteria is met, and declares the petitioners inadmissible.