Our employment team successfully represented the Dutch Bar Association (NOvA) in preliminary proceedings before the Dutch Supreme Court. The case concerned a dispute between a law firm and a trainee lawyer (advocaat-stagiair) regarding the reimbursement of the costs of the Professional Training Programme for Lawyers (Beroepsopleiding Advocaten). The central question was whether a clause requiring employees to repay these costs in the event of early termination of the employment agreement is valid under Dutch law, also in light of EU law.

The NOvA wanted to get clarity from the Dutch Supreme Court on this matter as soon as possible, in the interest of all members of the bar. The NOvA considered it unfair for certain trainee lawyers to bear these costs while others did not. The NOvA, assisted by an employment team consisting of Stefan Sagel, Irina Timp and Nikki Volmer, intervened in the appeal proceedings and asked the Court of Appeal to refer preliminary questions to the Supreme Court. The Court of Appeal admitted the NOvA as an interested party and decided to refer preliminary questions about the subject matter to the Supreme Court.

The Supreme Court has now ruled that the Professional Training Programme must be regarded as training on the job rather than as a preliminary education programme (vooropleiding). Since it concerns necessary education, the costs must be borne by the employer. The same applies to the costs of obtaining professional education points (PO-punten).

In Het Financieele Dagblad (FD) Irina commented on the decision on behalf of the team: "'Each year, around a thousand trainee lawyers (advocaat-stagiairs) enter the profession, and a number of them agree to a study costs clause', says Irina Timp. She represented the Dutch Bar Association (NOvA) as legal counsel. The NOvA later joined the case as an interested party 'to obtain clarity' for the sector. Through a study costs clause, an employer can, under certain circumstances, reclaim part or all of the costs of the two-year training – for example, if the employee leaves the law firm or company that funded the training during or shortly after completing it. Timp: 'Reclaiming those costs is not allowed'".

The full FD article (in Dutch) is available here: Hoge Raad: opleidingskosten advocaat-stagiairs voor rekening van kantoor.

The Supreme Court ruling (in Dutch) can be found here: https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2025:1386&showbutton=true&keyword=studiekosten&idx=1 (rechtspraak.nl). The press release (in Dutch) on the ruling can be found here: Hoge Raad: kosten beroepsopleiding advocaat-stagiaire zijn voor rekening kantoor - Hoge Raad.