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Over 3 years ago, the government launched a bill to strengthen the position of the receiver. I previously wrote a blog on this bill and the consequences it has for IT suppliers. The bill has in the meantime reached the finishing line virtually unscathed and will come into force on ... Read More »
Category Archives: The Netherlands
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New ICC arbitration rules
June 29, 2017
The International Chamber of Commerce (ICC) has amended arbitration rules as of March 2017. The most important change is the introduction of an accelerated arbitral procedure, referred to as the ‘expedited procedure’. A few comments on this are given below. The ICC’s website contains more information about the recent changes ... Read More »
Interpretation of a letter: has the buyer invoked the financing arrangement clause?
June 26, 2017
Disputes on the interpretation of agreements are a regular occurrence. See my previous contributions (1, 2) on this topic. In a recent ruling by the Supreme Court, another interpretation issue was the focus of attention. In brief, in this case the Court had to determine how a letter between business ... Read More »
Satisfaction with personal injury claims handling
June 22, 2017
Recently, outgoing minister Blok (Safety and Justice) answered Parliamentary Questions by member Van Nispen (SP) on the stance of insurance companies to personal injury claims. In his answers, the minister referred to the Code of Conduct for Handling Personal Injury Claims [Gedragscode Behandeling Letselschade (GBL)] and indicated that it functions ... Read More »
Portrait rights around the bend; Max Verstappen lookalike not punished
June 20, 2017
Max Verstappen has been unable to levy an attachment in connection with a promotional film by online delivery service Picnic. It shows a lookalike of him, re-enacting the Jumbo advertisement. He demanded 350,000 euros. The attachment was also requested up to this amount. The Appeal Court of Amsterdam rejected this. ... Read More »
Proving Effective Communication With Deaf Patients
June 16, 2017
When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”) of 1973? A new Eleventh Circuit case [here] declares that the correct standard examines whether the deaf patient experienced an impairment in ... Read More »
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by: USLAW
in Employment law, The Netherlands
Right of the works council to be consulted applies in principle during liquidation
June 14, 2017
The right of the works council to be consulted does in principle apply in the situation where a company has been declared insolvent. In the event of a continuation or restart of a company, the liquidator shall in principle have to give the works council the opportunity to express itself ... Read More »
Facebook fined for misleading information in relation to WhatsApp takeover
June 12, 2017
The European Commission has fined Facebook 110 million euros for providing inaccurate or misleading information in relation to the takeover of WhatsApp. This hefty fine illustrates the importance of providing accurate and complete information in the context of notifying the Commission of a merger or acquisition. When giving notice of ... Read More »
Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy
June 8, 2017
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 »
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 »