Ruben Wiegerink

Partner
Portret

Ruben Wiegerink has more than 15 years of experience as a cassation lawyer and conducts proceedings in all courts across the full range of private law and tax law. Ruben represents the client's interests in the best possible way. He quickly analyses cases and has a keen eye for detail.

With many years of experience at the Supreme Court's scientific office, Ruben knows how to achieve excellent results in cassation proceedings. He has strong analytical skills and always provides realistic advice.

Cassations

He is a skilled strategic advisor and a valuable sparring partner for fellow lawyers considering cassation proceedings. Ruben ensures that his clients can make well-considered decisions on whether to take the step to cassation.

He is regularly called in as lawyers' advocate, for example in appeal proceedings, especially in complex and leading cases where the stakes are high. This ensures effective preparation for successful cassation proceedings.


Court and tribunal

In addition to his cassation practice, Ruben conducts proceedings in factual matters, for instance in the areas of expropriation law, leasehold law and government privatisation law.

Tax specialist

With a lot of experience as a tax expert, Ruben also handles tax cases including in the areas of sales and transfer tax and local government taxes. He regularly advises and litigates, often in matters of principle that lead to authoritative case law.

Dedication and commitment

Ruben has an eye for detail and he is a service provider pur sang who does not shy away from tight deadlines. He often gives courses, also to fellow lawyers, and publishes widely, including annotations of court decisions. He is co-author of the annual 'Kroniek jurisprudence fiscale lagere overheden' (Chronicle jurisprudence tax lower authorities).

Ruben obtained the master's degree in 2000 and the LLM degree (cum laude) from Leiden University in 2001. He is a member of the Association of Civil Cassation Lawyers (VCCA) and Association of Tax Chamber Cassation Specialists (VCSB), among others.

Together with Jacques Sluysmans, he heads the cassation team of Van der Feltz advocaten N.V.

Working in the sectors

Working in the areas of law

Experience

Conducting

a principal cassation procedure on a private-public cooperation between a project developer and a municipality. This concerned the explanation of an agreement about the construction of a residential area;

Proceeding

in several instances on the levying of distribution tax on underground pipelines by a municipality. This included issues such as whether private law permission had been given for the presence of the pipelines, as a result of which the levy could not be imposed. The question was also answered whether the tariffs applied could be justified;

Proceedings

for a municipality about the question of whether the municipality acted unlawfully by indicating, during a conversation with an entrepreneur, that the entrepreneur had to take measures, because otherwise his company had to be discontinued. This case dealt with all sorts of aspects of government liability and the overlapping with administrative law;

Advising

on whether the municipal purchase of real estate above the market value would constitute impermissible state aid. Among other things, the various possibilities available to the municipality to prevent state support, including an appeal to the de minimis regulation, were discussed;

Conducting

a procedure for De Nederlandsche Bank regarding levies with regard to financial supervision. The main question was whether the Financial Supervision Act (Wbft) and the implementing regulations based on it, provided for an authorization to impose taxes. In addition, aspects of European law were involved. The case led to the principal decision of the CbB of 18 September 2018, ECLI:NL:CBB:2018:475. The contested judgment was overturned.

Recommendations

Legal 500 2023

Dispute resolution and Supreme Court litigation (Tier 5)

Van der Feltz Advocaten‘s dispute resolution and Supreme Court litigation group is jointly led by Supreme Court litigator Ruben Wiegerink and expert in water, pipeline and cable systems disputes Jacques Sluysmans. The group is particularly active in the construction, government, energy and industrials sectors and handles public, civil and criminal law issues.

"High-quality cassation advice in a very short time." October 2023, Lawyer and tax expert

Memberships

  • Member of the Association of Dutch Supreme Court Civil Litigators
  • Member of the Association of Dutch Expropriation Lawyers
  • Member of the Dutch Expropriation Law Association
  • Member of the Dutch Association of Tax Law Specialists and Litigators
  • Member of the Association for Taxation Studies