For several decades the question whether or not – and to what extent – future claims can be used as collateral in financing transactions has been a topic of discussion in the Netherlands. Although this discussion shall continue to be held in the coming years, the Famed case is to be welcomed because it further reduces the uncertain status of claims arising from medical services contracts as future receivables.
In this client briefing we explain the importance of this judgment for the Dutch finance, factoring, securitisation and restructuring practices.