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Facebook fined for misleading information in relation to WhatsApp takeover

Facebook fined for misleading information in relation to WhatsApp takeover

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

Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy

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 »

To what extent are companies allowed to imitate products? A new general ruling from the Dutch Supreme Court

To what extent are companies allowed to imitate products? A new general ruling from the Dutch Supreme Court

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 »

The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element

The ladder for sustainable urbanisation: a step lower as regards the “new urban development” element

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 »

Following long debates: the government enacts the law promoting transparency in remuneration structures

Following long debates: the government enacts the law promoting transparency in remuneration structures

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

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 »

Reliance on limitation period remains possible in ‘asbestos cases’

Reliance on limitation period remains possible in ‘asbestos cases’

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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