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In a ruling of 17 May 2017 (ECLI:NL:RVS:2017:1309) a zoning plan which included an XL supermarket failed. No investigation had been carried out into other, realistic spatial planning options for a supermarket. The conclusion of the report, that there is a qualitative need and that on this basis it is ... Read More »
Category Archives: The Netherlands
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Relativity requirement and the Water Act
June 6, 2017
In a ruling of 25 April 2017 (ECLI:NL:RBMNE:2017:2109) the relativity principle was tested in an appeal against a water permit for a hydropower station. The reliance of the appellant competitor on the equality principle was not successful. Relativity The Minister argued that the norms on which the appellant anglers rely ... Read More »
To what extent are companies allowed to imitate products? A new general ruling from the Dutch Supreme Court
May 26, 2017
In the Netherlands, all products and their packaging, in some circumstances, are in principle protected against ‘slavish’ imitation. Now, the Dutch Supreme Court has explained – in a case involving jewellery – which conditions the claimant must meet if he wants claim this type of protection successfully. Criteria for slavish ... Read More »
Do you have to part company with your IT provider after a data leak? And is it even possible?
May 24, 2017
After you’ve had a serious data leak at your IT provider, you have to evaluate the issue. In the process, the question of whether your data is still in safe hands at that provider will be raised. You’ll be wondering whether it’s possible to get out of the contract that ... Read More »
Compensation for providing a service of public interest does not lead to state aid problems
May 22, 2017
A subsidy scheme launched by the minister for Health, Welfare and Sport for carrying out non-invasive prenatal tests (NIPTs) came into effect on 1 April 2017. Under this subsidy scheme, most of the expenses incurred for NIPTs for pregnant women will be compensated, provided these tests are taken at a ... Read More »
The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element
May 18, 2017
In a previous contribution I referred to a decision dated 15 March 2017 (ECLI:NL:RVS:2017:694) in correlation with a decision dated 20 April 2016 (ECLI:NL:RVS:2016:1075). In these two decisions, the Administrative Jurisdiction Division of the Council of State (ABRvS) held that, when assessing whether new urban development is involved, account must be ... Read More »
Hefty fine for infringing housing regulations
May 15, 2017
Last year, the Municipality of Amsterdam tightened up the regulations for renting residential accommodation via websites like Airbnb. For instance, under the tighter policy, residential accommodation may only be rented by the main occupant, for not more than 60 days per calendar year and to a maximum of four people. ... Read More »
Following long debates: the government enacts the law promoting transparency in remuneration structures
May 9, 2017
Following the introduction of the statutory minimum wage (01/01/2015), the additional parental benefits (01/01/2015) and the gender balance for management positions (01/01/2016), which also serve to reduce the differences in remuneration between women and men, it is now the intention that an act promoting transparency in remuneration structures (EntgTranspG) will ... Read More »
![Combination of minor exemptions [kruimelgevallen] in planning matters is possible](http://legalknowledgeportal.com/wp-content/uploads/2014/04/13.jpg)
Combination of minor exemptions [kruimelgevallen] in planning matters is possible
May 4, 2017
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 »
Methods of industrial action in Germany
May 2, 2017
To what methods of industrial action do employers and employees actually have access under German law, and what developments are currently relevant in Germany in this context? It should be noted that there have been an increasing number of strikes in Germany in recent years. Added to this is the ... Read More »
![Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space](http://legalknowledgeportal.com/wp-content/uploads/2014/04/36.jpg)
Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space
May 1, 2017
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 »
Reliance on limitation period remains possible in ‘asbestos cases’
April 21, 2017
On 24 March 2017, the Supreme Court (‘Hoge Raad’) ended the debate on the impact of the Moor/Switzerland ruling on the Dutch absolute prescription period in proceedings concerning compensations in connection with an asbestos-related illness (usually Mesothelioma) by means of its ruling in the Maersk case. The Supreme Court held ... Read More »
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A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!
April 20, 2017
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
April 19, 2017
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?
April 13, 2017
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 »