Annotation to the judgment of the subdistrict sector, Alphen aan den Rijn, 28 April 2009, TvHB 2009/3 no. 9.


This judgment concerned the following matter. 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. Since the leased property is used for the business premises, it qualifies as business premises under Section 290 of Book 7 of the Dutch Civil Code. This is not affected by the circumstance that the business premises are not leased but owned by the lessee. (also see the note with the ruling of The Hague Court of Appeal of 27 October 2008, TvHB 2009/23)

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