Annotation to the judgment of The Hague Court of Appeal of 27 October 2008, TvHB 2009/6 no. 22.

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The lessee is the legal owner of a plot of land on which a petrol station shop is established. The lessee leases undeveloped immovable property that is situated directly next to the plot of land with the petrol station shop. The parties agree that the leased property is designated solely to be used for the construction, ownership and use of an establishment to sell motor fuels. The petrol station shop does not qualify as business premises since it is owned by the lessee. The plots leased by the lessee therefore cannot be qualified as ‘the land pertaining to it’ within the meaning of Section 290(3) of Book 7 of the Dutch Civil Code. Because the petrol station shop is owned by the lessee, there is no connexity and the reliance upon the ‘Bike shed ruling’ does not hold. The leased property therefore does not qualify as business premises within the meaning of Section 290 of Book 7 of the Dutch Civil Code.

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