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Author Archives: Dirkzwager advocaten & notarissen

Velperweg 1
6824BZ Arnhem
The Netherlands
E: webmaster@dirkzwager.nl
T: +31(0)88 2424 100
F: +31(0)88 2424 111

With offices in Nijmegen and Arnhem and more than 260 staff members, Dirkzwager advocaten & notarissen has specialist legal knowledge in almost every area of the law. Besides up to date knowledge of legislation and case law, it also demonstrates good judgement of character and knowledge of the markets in which our clients operate. We use our knowledge to serve our clients. We also share that knowledge, a feature that distinguishes us and benefits our clients. Clients who are supported by a lawyer with the latest professional knowledge are in a stronger position and need have no concerns. By actively sharing its knowledge, keeping you constantly updated during your case and providing clear explanations, Dirkzwager helps you become wiser. Which means that in future you can identify similar problems sooner and be better prepared, even in the temporary absence of your lawyer. After all, it’s always easier to talk about things you understand.
Directors’ liability of a second-degree director: piercing the corporate veil 2.0

Directors’ liability of a second-degree director: piercing the corporate veil 2.0

On 17 February 2017, the Supreme Court delivered an important judgement stating that Article 2:11 of the Dutch Civil Code (the piercing of the corporate veil liability to the natural person behind the legal person-director) applies in all cases where a legal person in its capacity of director is liable ... Read More »

Lost chance and medical liability: the Supreme Court expresses itself (for the first time)

Lost chance and medical liability: the Supreme Court expresses itself (for the first time)

Introduction In its Judgement of 23 December 2016, the Supreme Court expressed itself for the first time on the doctrine of lost chance in a medical liability case. The direct object was a child who, despite treatment by the Erasmus MC, became blind shortly after birth. After more than 13 ... Read More »

A banned substance in animal feed can be reason to impose an administrative fine

A banned substance in animal feed can be reason to impose an administrative fine

If the inspectors of the Netherlands Food and Consumer Product Safety Authority (NVWA) discover a banned substance in animal feed, the State Secretary of Economic Affairs, Netherlands Enterprise Authority (RVO) can impose an administrative fine on the basis of the Animals Act (Wet dieren). On the basis of sections 2.17 ... Read More »

New Corporate Governance Code – the most important changes

New Corporate Governance Code – the most important changes

On 8 December 2016, the Corporate Governance Code Monitoring Committee (the ‘Committee’), published the revised Corporate Governance Code (the ‘Code’). The most important changes relate to the focus on long-term value creation and the introduction of culture as an element of good corporate governance. The Code has also been simplified ... Read More »

Advertising rules for vloggers, influencers and human to human advertisement

Advertising rules for vloggers, influencers and human to human advertisement

It has been nearly 3 years since the Social Media Advertising Code was introduced. The code contains advertising rules for vloggers, influencers and human to human advertisements. Payment for content? According to the Dutch Advertising Code Foundation, it is sometimes unclear for consumers that companies pay for messages, blogs and ... Read More »

District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

District Court Rotterdam confirms the ACM’s doctrine of imputability with investment funds

In his contribution to our knowledge pages, my colleague Sjaak van de Heul previously informed us that the ACM (Netherlands Authority for Consumers and Markets) had fined [ii] investment funds (investment firms or private equity) for breaches of the cartel prohibition by companies (flour producers) that were (indirectly) held by ... Read More »

No transition payment for those who are AOW-entitled; possible age discrimination?

No transition payment for those who are AOW-entitled; possible age discrimination?

On termination of an employment relationship having lasted longer than 24 months, the employee is in principle entitled to a transition payment. If the employee has reached state pension age (AOW-entitled), he or she is in principle not entitled to the transition payment on termination. The question is whether this ... Read More »

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