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A recent high-profile case about Crocs before the General Court of the European Union shows that those who wish to apply for design registration in the EU have to be on their guard. Previous own publications of the design, in this case outside of the EU (in the US), could ... Read More »
Category Archives: The Netherlands
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Reliance on extraordinary circumstances by air carrier succeeds
April 4, 2018
Passengers are entitled to compensation in case of long delays or cancellation of a flight. European Regulation 261/2004 (hereinafter: the Regulation) determines what amount should be compensated. An air carrier does not have to pay compensation in case extraordinary circumstances occurred and the air carrier could not have prevented these ... Read More »
PSD2, new legislation for innovative payment services
March 14, 2018
Introduction Payment Services Directive 2 (Directive 2015/2366/EU; PSD2) is the revised European payment services directive. PSD2 is intended to modernise the statutory framework, improve payment traffic within Europe, and create space for new and innovative parties entering the market that can contribute to a more effective and transparent manner of ... Read More »
Ruling from the European Court of Justice: per element approach allowed outside tax entity in cross-border situations with the EU
March 13, 2018
The European Court of Justice (“ECJ”) rendered a ruling on 22 February 2018 concerning the Dutch tax concept of “tax entity”. It concerned the application of Section 10a of the Corporation Tax Act 1969 (“Vpb”) in relation to the freedom of establishment that applies in EU law. What is the ... Read More »
Relations on edge: Management Board vs. Supervisory Board
March 2, 2018
ABN Amro’s supervisory board chairman Olga Zoutendijk has indicated that she will retire from her position on 1 July 2018. This decision is related to criticism of her leadership style, according to reports in the media including het Financieele Dagblad. Allegedly, she interfered actively in the decision-making process within the ... Read More »
THE PSEUDO SELF-EMPLOYED PERSON AND (CUMULATION OF) HOLIDAY DAYS
December 21, 2017
On 29 November 2017, the Court of Justice of the EU answered preliminary questions on the accumulation of holiday rights of a pseudo self-employed person. What is special about this judgement is that the Court has ruled that these holiday rights can accumulate unrestrictedly – and therefore do not lapse ... Read More »
Solar energy projects: what to pay attention to?
December 19, 2017
Solar energy is taking off in the Netherlands. An important part of the available subsidy is allocated to solar energy projects. In addition, ever larger projects are being realised. In this article, I will list the most important legal points for attention in respect of these projects. 1. Location Each ... Read More »
Advertisement and law: can you call yourself ‘the best’?
December 14, 2017
Is the slogan ‘The best e-bike is a Stella’ misleading? The Dutch Advertising Code Committee ruled on the television commercial by Stella Fietsen. In this advertisement, famous Dutch presenter Anita Witzier says the following: ‘Dutch-made high quality electrical bikes. Always a good price. E-bike test centres throughout the Netherlands and ... Read More »
Damages for false Google Reviews
November 13, 2017
A Day Nursery has successfully claimed damages for false Google Reviews. Cost, including legal costs, must also be paid. False reviews The Day Nursery asserted that a certain N. had placed reviews (Google Reviews) using aliases. It concerned the placement and adjustment of negative reviews relating to the Day Nursery. ... Read More »
The Netherlands Enterprise Court at the Amsterdam Court of Appeal blocks sale of shares
October 30, 2017
A recent ruling from the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2017:4123) shows once again how important it is to involve the Works Council in a sales process and provide it with sufficient information in connection with its right to be consulted on the basis of the Works Councils Act (‘WOR’). The ... Read More »
Supreme Court: camera images normally do not contain ethnicity data
October 13, 2017
The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of “ethnicity data”. Handing over of debit card transaction images In the context ... Read More »
Costs of registering a trademark or design
October 9, 2017
Having a trademark or design is essential for the proper protection of a company’s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ... Read More »
Car advertising still under scrutiny from the Dutch Advertising Code Committee
September 14, 2017
Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ... Read More »
Factors to be borne in mind when including standard terms and conditions in international legal transactions
September 12, 2017
Every day, countless purchase agreements are concluded around the world, between parties from different countries. To harmonise the rules applicable to those purchase agreements, many countries have signed up to the UN Sales Convention (CISG). There are currently 84 signatory countries, ranging from Albania to Zambia. The Netherlands and Germany ... Read More »
Trade with sanctioned countries
August 24, 2017
In principle, you are free to trade with whomever and in whatever you wish. However, there are particular (in principle legal) transactions with specific countries and/or persons that are prohibited on the basis of a sanction. An example of this is the recently announced restriction by the EU of the ... Read More »