23 August 2022

De Brauw assistes Nissan-Mitsubishi B.V. and Nissan International Holding B.V. in the appeal lodged by Carlos Ghosn, after Nissan- Mitsubishi's win in the first instance.

Eelco Meerdink

De Brauw supported Nissan-Mitsubishi B.V. and Nissan International Holding B.V. in legal proceedings brought forth by Carlos Ghosn, the former senior executive of Nissan, Mitsubishi, and Renault. Mr. Ghosn sought EUR 16 million in compensation from the Amsterdam district court, alleging unfair dismissal as managing director and employee of Nissan-Mitsubishi B.V. The district court ruled in favor of the defendants, determining the absence of a valid employment agreement between Nissan-Mitsubishi B.V. and Ghosn. Consequently, Ghosn was ordered to reimburse the unlawfully received salary from Nissan-Mitsubishi B.V. preceding his dismissal.

In the subsequent appeal, Ghosn contested the district court's decision and reiterated his compensation claim for unfair dismissal. The appellate court upheld the initial ruling, affirming the absence of a valid employment agreement between Ghosn and Nissan-Mitsubishi B.V. and dismissing all of Ghosn's claims. Furthermore, the appellate court affirmed Nissan-Mitsubishi's entitlement to reclaim significant payments made for Ghosn's salary, sign-on bonus, and wage tax, among others.