Amsterdam, 30 December 2025
The Enterprise Chamber of the Amsterdam Court of Appeal decides today that the two temporary supervisors of FNV may amend the FNV statutes once. The proposed amendment is necessary to pave the way for a new decisive FNV board with sufficient support within the union.
Request for Additional Measure
The Enterprise Chamber previously appointed Lodewijk Asscher and Ton Heerts as temporary members of the supervisory board of FNV. They were given decisive authority within the supervisory board and were tasked with establishing a new board and advising on possible improvements in the internal organization of FNV to resolve bottlenecks.
After their appointment, the temporary supervisors found that they could not fully perform their duties as long as the bottlenecks in the internal organization of FNV were not first resolved. The temporary supervisors proposed a solution to these bottlenecks. This required an amendment to the FNV statutes. This amendment had the support of almost all sections of FNV. Only the FNV members parliament, which is authorized to amend the statutes, did not support the proposal. Therefore, the temporary supervisors requested the Enterprise Chamber for an additional measure, so that the temporary supervisors themselves can decide to amend the FNV statutes.
After their appointment, the temporary supervisors found that they could not fully perform their duties as long as the bottlenecks in the internal organization of FNV were not first resolved. The temporary supervisors proposed a solution to these bottlenecks. This required an amendment to the FNV statutes. This amendment had the support of almost all sections of FNV. Only the FNV members parliament, which is authorized to amend the statutes, did not support the proposal. Therefore, the temporary supervisors requested the Enterprise Chamber for an additional measure, so that the temporary supervisors themselves can decide to amend the FNV statutes.
One-time Amendment of FNV Statutes
All parties agree that the existing deadlock within FNV cannot continue. The Enterprise Chamber rules that it is in the interest of FNV and the general interest that FNV can properly fulfill its role as the largest Dutch trade union again. For this, a new FNV board must be appointed as soon as possible, which can count on broad support within the FNV organization and from the members. However, this new board can only function well if the existing bottlenecks in FNV governance are first removed.
The Enterprise Chamber considers that the amendment to the FNV statutes proposed by the two temporary supervisors removes the existing bottlenecks in governance. The proposed amendments were made after repeated consultations with all parties. All involved interests were taken into account and adjustments were made where necessary in response to comments, wishes, and suggestions from those involved. This has led to a balanced proposal that does justice to everyones position within FNV. The Enterprise Chamber also considers that the effects of the measure are temporary and that the newly formed union council can also reorganize the FNV statutes differently if the FNV members wish.
Therefore, the Enterprise Chamber decides that the temporary supervisors may decide once to amend the FNV statutes in line with the draft statutes they previously shared with the Enterprise Chamber and all involved parties.
The Enterprise Chamber considers that the amendment to the FNV statutes proposed by the two temporary supervisors removes the existing bottlenecks in governance. The proposed amendments were made after repeated consultations with all parties. All involved interests were taken into account and adjustments were made where necessary in response to comments, wishes, and suggestions from those involved. This has led to a balanced proposal that does justice to everyones position within FNV. The Enterprise Chamber also considers that the effects of the measure are temporary and that the newly formed union council can also reorganize the FNV statutes differently if the FNV members wish.
Therefore, the Enterprise Chamber decides that the temporary supervisors may decide once to amend the FNV statutes in line with the draft statutes they previously shared with the Enterprise Chamber and all involved parties.
Judgments
- ECLI:NL:GHAMS:2025:3620