Which court has jurisdiction in case of termination of an orally agreed distributor agreement?

Which court has jurisdiction in case of termination of an orally agreed distributor agreement?

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

Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

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

The minimum mandatory dividend: article 348 bis of the Spanish Corporate Enterprises Act

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 »

New urban development; further developments

New urban development; further developments

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 »

Directors’ liability of a second-degree director: piercing the corporate veil 2.0

Directors’ liability of a second-degree director: piercing the corporate veil 2.0

On 17 February 2017, the Supreme Court delivered an important judgement stating that Article 2:11 of the Dutch Civil Code (the piercing of the corporate veil liability to the natural person behind the legal person-director) applies in all cases where a legal person in its capacity of director is liable ... Read More »

Lost chance and medical liability: the Supreme Court expresses itself (for the first time)

Lost chance and medical liability: the Supreme Court expresses itself (for the first time)

Introduction In its Judgement of 23 December 2016, the Supreme Court expressed itself for the first time on the doctrine of lost chance in a medical liability case. The direct object was a child who, despite treatment by the Erasmus MC, became blind shortly after birth. After more than 13 ... Read More »

Reasoned opinion of the European Commission against the fines charged in Spain for failure to fill the tax declaration on assets held abroad

Reasoned opinion of the European Commission against the fines charged in Spain for failure to fill the tax declaration on assets held abroad

After the claims filed in November, 2015, by foreigners residing in Spain, the European Commission has recently issued a reasoned opinion requesting Spain to change its rules on assets held in other EU or the European Economic Area (EEA) Member States (so-called “Modelo 720”), as the fines charged for failure ... Read More »

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