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Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

Claiming compensation from your director (under the articles of association) who is residing abroad? Know which court to go to

It is well-known that legal proceedings are not constrained by national borders. It is for that reason that within the European Union there are two regulations setting out which court has jurisdiction within the EU in particular cross-border proceedings. In respect of all legal claims brought before 10 January 2015, ... Read More »

Supervision of legal entities

Supervision of legal entities

Perhaps without you noticing it, the government has been conducting continuous supervision of all domestic legal entities and foreign legal entities with a principal or branch establishment in the Netherlands since 2011. This was not always the case. The development of the supervision of legal entities and current implementation thereof ... Read More »

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Two insurances do not cover water damage – recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Water damage at the Erasmus Medical Centre, which occurred after the 2004 refurbishment, was only covered under buildings insurance and not under CAR insurance because the contract documents did not include a maintenance obligation for the main contractor. What was agreed in the dealings between the main contractor and the ... Read More »

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

House building near an industrial estate: customised regulations, noise policy plan and dynamic reference to parking policy

Building houses near an industrial estate is not straightforward. On the one hand, it must be guaranteed that the homes to be built offer a proper quality of life, but, on the other, this may not impede the nearby businesses in their operations. On 14 June 2017, the Administrative Jurisdiction ... Read More »

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

Over 3 years ago, the European Court of Justice gave the famous Costeja ruling. Since then, it has been clear that search engines are also bound by privacy law and can (therefore) receive correction and removal requests. Privacy law also puts additional strict rules on the processing of so-called special ... Read More »

From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge

From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge

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 »

Satisfaction with personal injury claims handling

Satisfaction with personal injury claims handling

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 »

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