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Author Archives: Dirkzwager advocaten & notarissen

Velperweg 1
6824BZ Arnhem
The Netherlands
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T: +31(0)88 2424 100
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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.
Combination of minor exemptions [kruimelgevallen] in planning matters is possible

Combination of minor exemptions [kruimelgevallen] in planning matters is possible

It is commonplace for a proposed project to be contrary to the applicable zoning plan or applicable management by-laws. In these cases, there are three options to depart from this zoning plan or these by-laws with an integrated environmental permit. One of these options is the so-called minor exemptions scheme ... Read More »

Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space

Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space

Some time has now passed since the minor exemptions list was expanded on 1 November 2014 by means of the Crisis and Recovery Act Decree [Besluit Crisis- en herstelwet] (Bulletin of Acts and Decrees 2014, 333). In a ruling of 22 March 2017 (ECLI:NL:RVS:2017:744), the Administrative Jurisdiction Division of the ... Read More »

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

The decision of the Trade and Industry Appeals Tribunal (Cbb) dated 28 February 2017 discussed the evidential value of an inspection report. It is generally assumed that an inspection report drawn up by an inspector of the Netherlands Food and Consumer Product Safety Authority (NVWA) is correct. However, evidence to ... Read More »

The Dutch Supreme Court on the commencement of the short prescription period: awareness of the possible role of the party responsible for the damage is not (always) sufficient certainty pursuant to Article 3:310 paragraph 1 of the Dutch Civil Code

The Dutch Supreme Court on the commencement of the short prescription period: awareness of the possible role of the party responsible for the damage is not (always) sufficient certainty pursuant to Article 3:310 paragraph 1 of the Dutch Civil Code

The Supreme Court rendered an opinion in its ruling dated 31 March 2017 (ECLI:NL:HR:2017:552) concerning the moment the short prescription period provided for in Article 3:310 paragraph 1 of the Dutch Civil Code commences. The Supreme Court ruled in particular on the question when an injured party may be considered ... Read More »

Which court has jurisdiction in case of termination of an orally agreed distributor agreement?

Which court has jurisdiction in case of termination of an orally agreed distributor agreement?

A French party has been distributing Italian foodstuffs in France for an Italian supplier for more than 25 years. The parties never documented their agreements in a (written) distributor agreement, nor did they ever agree on exclusivity (agreement that the distributor may exclusively sell the supplier’s products in a specific ... Read More »

Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:671), the Division gives an opinion on a zoning plan that provides for five sub-plans zoned for ‘Mixed use’. The planning regime in force prior to that consisted of a detailed zoning plan that was not realised due to a change in the ... Read More »

New urban development; further developments

New urban development; further developments

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:694), the Administrative Law Division of the Council of State gave an interesting decision concerning the sustainable urbanisation ladder and the requirements stipulated for the need for a development. Several building supply stores and the owner of a nearby industrial park argued in ... Read More »

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 »

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