Dutch fresh produce marketer The Greenery says it will wait before deciding whether or not to take further legal action against rival company Hillfresh International, the company run by three of its former senior executives, after it suffered a fresh setback in its attempt to claim compensation for their departure, Eurofruit reports.

Earlier this week, the Rotterdam Court of Appeal upheld a previous ruling by the city's Court of Justice that Hillfresh and its founders were not guilty of unlawful competition or actions in relation to the new company's establishment six years ago.

'A disappointing message for The Greenery,' a spokesperson for the company told Eurofruit. 'We will study the judgment before we consider whether we see reason to go to the Supreme Court (cassation).'

Two Hillfresh directors, Pieter de Jong and Leo van den Heuvel, left The Greenery in 2007 following the earlier departure of former another senior member of staff, commercial director Hans van den Heuvel.

In response, The Greenery opened legal proceedings against De Jong and Leo van den Heuvel, as well as against Hillfresh itself, claiming a total of €19m for damage allegedly incurred as a result of the executives' departure.

In 2010, the Court of Justice found that Hillfresh and its owners had not acted illegally.

Responding to the latest judgment, a spokesperson for Hillfresh said: 'The outcome is not very surprising for us. Hillfresh has fully complied with all applicable regulations.'

The spokesperson added: 'It is gratifying that the dispute is finally settled and that the Court of Appeal has confirmed that Hillfresh and its founders are not to blame and that they have acted correctly at all times.'

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