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1.Introduction In 2009 the Dutch Supreme Court decided in the Comsys case that a parent company could be held liable for the debts of its subsidiary because the parent had violated a duty of care towards the subsidiary’ s creditors.This judgment,which will be discussed in section 6 of this paper,is the latest in a line of Supreme Court cases in which a claim based on the tort of negligence has been brought against a parent company by creditors of the subsidiary(or the trustee in bankruptcy on behalf of insolvent subsidiary’s
1.Introduction In 2009 the Dutch Supreme Court decided in the Comsys case that a parent company could be held liable for the debts of its subsidiary because the parent had violated a duty of care towards the subsidiary ’s creditors.This judgment, which will be discussed in section 6 of this paper, is the latest in a line of Supreme Court cases in which a claim based on the tort of negligence has been brought against a parent company by creditors of the subsidiary (or the trustee in bankruptcy on behalf of insolvent subsidiary’s