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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 »
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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 »
The beneficial owner of a legal entity – Novelization of the Czech AML Act (part two)
April 26, 2017
In this article we continue to bring deeper insight into the new legislation of the beneficial owner of a legal entity in the Czech Republic introduced by the novelization of the Act. No. 253/2008 Coll., on the prevention of money laundering and terrorist financing (“the AML Act”), which became effective ... Read More »
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The beneficial owner of a legal entity – Novelization of the Czech AML Act (part one)
April 25, 2017
This article is focused on the new legislation of the beneficial owner of a legal entity in the Czech Republic, which was brought by the novelization of the Act. No. 253/2008 Coll., on the prevention of money laundering and terrorist financing (“the AML Act”) and became effective as of 1st ... 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 »
Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb
April 10, 2017
In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:671), the Division gives an opinion on a zoning plan that provides for five sub-plans zoned for ‘Mixed use’. The planning regime in force prior to that consisted of a detailed zoning plan that was not realised due to a change in the ... Read More »
The minimum mandatory dividend: article 348 bis of the Spanish Corporate Enterprises Act
April 7, 2017
Article 348 bis of the Corporate Enterprises Act entered once again into force on January 1st, 2017. Its reactivation implies the possibility for companies’ shareholders to request the distribution of, at least, one third of the legally distributable profits arising from the company’s main business activities and, if this distribution ... Read More »
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by: Adarve Abogados SLP
in Corporate law, Spain
New urban development; further developments
April 6, 2017
In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:694), the Administrative Law Division of the Council of State gave an interesting decision concerning the sustainable urbanisation ladder and the requirements stipulated for the need for a development. Several building supply stores and the owner of a nearby industrial park argued in ... Read More »