15.2.1.5 The reopening of the winding-up proceedings by means of a winding-up petition

Uncertainties of a quite different kind arise from a ruling made by the Supreme Court in which it was considered that when prima facie evidence supports facts and circumstances that make it sufficiently plausible that assets still exist and also the ‘other requirements’ for insolvency have been met, the court can order the insolvency and the company must be regarded as continuing to exist for its winding up. With this ruling, the Supreme Court does not therefore give Book 2, Section 23c (1) of the Dutch Civil Code any limiting effect, while the opposite follows from the legal wording. A limiting effect of Book 2, Section 23c(1) of the Dutch Civil Code is also desirable with a view to legal certainty. The Supreme Court also regards the ‘prima facie evidence supports facts and circumstances that make it sufficiently plausible that assets still exist’ as a condition for the insolvency, while this condition is not made of the insolvency either in the legal wording or in the jurisprudence.