Telegraaf wins case about distribution on ABC islands

December 09, 2008 5:04 AM

De Telegraaf recently won legal proceedings instituted against the publishing house in Amsterdam. Hans Kroeze and Karin Wooning, living in Curaçao, believed after De Telegraaf broke off the negotiations, to already have an agreement with the Dutch newspaper. Notably to print De Telegraaf in Curaçao and to distribute the newspaper in Curaçao and later also to distribute it in Aruba and Bonaire.

The Court disagrees. In two instances: in August 2006 in the first instance and last week by three judges of the Court of Appeal. Their conclusion is that no agreement was concluded between parties in 2004 and afterwards. Nor did De Telegraaf unlawfully broke off the negotiations after a presentation by Kroeze and Wooning of their plans in Amsterdam in March 2005. This could only be awarded if De Telegraaf would have created expectations with Wooning and Kroeze of the conclusion of an agreement to such an extent that it would be unacceptable not to continue the negotiations. Both the Court of First Instance and the Court of Appeal believe that this is not the case.

First of all, it has not appeared that Wooning and Kroeze themselves had these expectations. Reference is made to an e-mail of December 2004 of the couple: “… We hope that you succeed in getting De Telegraaf organization on your side! …”.

There was no agreement either on the duration of the contract. De Telegraaf had two years in mind, which was not acceptable to the couple, for it was way too short in their opinion. According to the judges, this should have been a reason for them to doubt a conclusion of the negotiations acceptable to them. In February 2005, Wooning writes in an e-mail: “… You will understand that we cannot sign the printing contract until we have arranged everything with you…”.

According to the Court of Appeal, this all shows that there was no question of a situation in which Wooning and Kroeze could and should rely on it, and indeed they themselves also did not automatically rely on it, that an agreement would be concluded.

In the legal proceedings, De Telegraaf was assisted by lawyer Carine Jänsch of VanEps Kunneman VanDoorne. The couple first had hired Paul van de Laarschot as lawyer, and subsequently litigated in person.

In the Netherlands Antilles and in Aruba De Telegraaf is published by De Morgenster N.V., using the services of AB Courant N.V., publisher of Antilliaans Dagblad.

(Source: National Newspaper “Antilliaans Dagblad”, dated 3 December 2008)