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Today, 18 February 2019, the Bulletin of Acts and Decrees announced that the Implementation Act for the revised Payment Services Directive (PSD2) and the implementation decree will enter into force in the Netherlands on 19 February 2019. This means that from 19 February it will be possible to submit the ... Read More »
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Belgium prepares for hard brexit
February 4, 2019
Brexit is now only 56 days away. According to the Belgian Employers’ Federation there are some 25.000 companies in Belgium which trade with the United Kingdom, of which only one fifth have taken measures to prepare for a hard Brexit. It is estimated that a hard Brexit will cost Belgium ... Read More »
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by: CEW & Partners
in Belgium, Brexit, United Kingdom
Consequences of a hard Brexit in the area of company law
February 1, 2019
In previous Brexit articles written by our fellow colleagues, the loss of freedom of establishment has already been discussed. The loss of freedom of establishment between the Netherlands and the United Kingdom might also have adverse consequences in the area of company law, for example with regard to mergers and ... Read More »
Brexit and trade contracts
January 30, 2019
Brexit will have a major impact on the content and execution of trade contracts between Dutch and British undertakings. For example, agreements for the purchase and sale of products, distribution and agency agreements and partnership agreements. Solid contractual clauses set out in new agreements to be drawn up can help ... Read More »
Tax implications no deal Brexit
January 28, 2019
On 15 January 2019, with a large majority, British Parliament voted down the Brexit Plan the British Government had agreed upon with the EU. If no other arrangement with the EU will be made before 29 March 2019, the UK will cease to be a member of the EU without ... Read More »
Netherlands Commercial Court open for business
January 14, 2019
On 1 January 2019, the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA) officially started their work. In my (Dutch) article of 1 February 2016, I have already set out the plans for this specialised forum. These new forums are special divisions of the Amsterdam District ... Read More »
Drones: current rules in Belgium
January 7, 2019
Gatwick airport was recently forced to close its runways because of suspected drones entering the airspace. This incident led to the cancellations of hundreds of flights. A few days later, Santa Claus put drones under the Christmas tree of thousands of families. These events serve as a reminder of the ... Read More »
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by: CEW & Partners
in Belgium, Trade & Transport
FUTURE AMENDMENTS TO BELGIAN PNR LAW
January 4, 2019
On 30 November 2018, the Belgian Council of Ministers approved a first draft of future legislation amending the Law of 25 December 2016 on the processing of passenger data (the “PNR Law”). The PNR Law sets out, inter alia, the obligations of the carrier and the travel agency concerning the ... Read More »
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by: CEW & Partners
in Belgium, Data Privacy
EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU?
January 2, 2019
In the last few years the Court of Justice of the European Union has frequently been asked to issue preliminary rulings on the concept of “extraordinary circumstances” which figures in Flight Compensation Regulation No 261/2004 (“Regulation EU261”). Article 5.3 of Regulation EU261 provides that an air carrier is to be ... Read More »
Important decision Dutch Supreme Court regarding deductibility sale and acquition related costs participations
December 11, 2018
Summary The Dutch participation exemption does not only exempt qualifying income (capital gains upon sale, dividends) but allows disallows certain cost deductions. Costs incurred in relation to the acquisition or disposal of a participation in a subsidiary are treated as non-deductible ‘acquisition or disposal costs’. To what extent costs incurred ... Read More »
Managing Dashboard Camera Systems (“Dash Cams”) from the Risk Management and Defense Counsel’s Perspective
December 10, 2018
I have devoted my entire legal career to defending commercial transportation companies in civil liability cases. Over the past ten years, the involvement of dash cams in my cases has gone from being very rare to now being the norm. If the current trend continues, I suspect that in a ... Read More »
How to Stop Departing Employees from Walking Off with the Company Jewels
December 7, 2018
Problem: A key member of the design team for your start-up company’s upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know about your new product, including the technology and the marketing strategy. This ... Read More »
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by: USLAW
in IP-IT law, United States of America
Revised tax ruling practice announced in the Netherlands
December 6, 2018
The Dutch ruling practice for tax rulings with an international character has been one of the cornerstones of the Dutch investment climate for a period spanning more than 50 years. Often tax legislation contains vague language and ambiguous terms increasing the need for advance consultation of the competent tax authorities ... Read More »
Deadline Approaches to Certify Compliance Programs
December 5, 2018
The December 31 deadline for certain Medicaid providers and third-party billers to certify as to the effectiveness of their compliance program is fast approaching. New York State Medicaid providers and third-party billing companies who claim, bill, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid ... Read More »
Is Religious Freedom on a Collision Course with Newly Gained Civil Rights?
December 3, 2018
Since the United States Supreme Court issued Obergefell in 2015, there have been dark predictions that religious freedom and other, more recently gained, civil rights protections are on a collision course. Recent developments might cause this course to run through the employment arena. In August, the Office of Federal Contract ... Read More »