6.9.2 Concurrence of proceedings

As mentioned above, the exit proceedings do not compete with the proceedings for nullification of resolutions and the inquiry proceedings. The three proceedings complement each other. The fact that further to the circumstances of the case expulsion proceedings can be started as well or are more appropriate, does not bar application of the exit proceedings either.1 A similar stance can be taken with respect to concurrence of the exit proceedings with proceedings on the basis of tort, or any other remedy. This view can be based on the jurisprudence of the Dutch Supreme Court with respect to concurrence of proceedings. As appears from this jurisprudence, the HR adopted the view that in principle it is up to the person entitled to start any proceedings he is able to, unless statute stipulates otherwise.2

Based on the aforementioned jurisprudence of the Supreme Court, it is conceivable that a claim for damages may complement the exit proceedings as well. An example of this can be found in the judgment of The Court of Den Bosch of the 20th day of January 1993.3 In this case an exit was granted as being an appropriate compensation for a shareholder instead of granting a claim under the exit proceedings. There is no reason to reject this possibility that law offers.4 Nonetheless, if the court grants such an appropriate compensation, I recommend that the court applies the regulation of the exit proceedings by analogy as much as possible.