Legal knowledge portal Sharing legal knowledge together
Some takeaways from Dutch insurance law & Dutch litigation: please be referred to the contribution of Dirkzwager (contributors: Daan Baas and Niels Dekker) to the Netherlands chapter of The International Comparative Legal Guide (ICLG) to: Insurance & Reinsurance 2019. Download pdf Read More »
by: 
CJUE confirms that damage to an aircraft tyre by a screw lying on an airport runway is an extraordinary circumstance under Regulation (EC) No 261/2004
April 12, 2019
On 4 April 2019, the Court of Justice of the European Union (CJUE) handed down its judgment in Germanwings GmbH v Wolfgang Pauels (C-501/17), ruling that damage to an aircraft tyre caused by a screw lying on an airport runway falls within the notion of “extraordinary circumstances” within the meaning ... Read More »
-
by: CEW & Partners
in Belgium, Trade & Transport
New rules on unfair contract terms for B2B contracts
March 28, 2019
On 21 March 2019, the Belgian Parliament has approved a draft Law which applies the rules on unfair contract terms to B2B contracts. Previously this type of legislation had only applied to B2C contracts. What is a B2B unfair term? Applying the same test as for the B2C relationship, the ... Read More »
-
by: CEW & Partners
in Belgium, Corporate law
Company and corporate: New Belgian Companies Code approved
March 4, 2019
On 28 February 2019, the Belgian Parliament has finally approved the draft law introducing the new Companies and Associations Code. The law effects a rationalization and modernization of Belgian company law including, inter alia, the reduction of the number of categories of companies from 17 to 4, the adoption of ... Read More »
-
by: CEW & Partners
in Belgium, Corporate law
Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State
March 1, 2019
On 8 February 2018, the Belgian Supreme Court (Court of Cassation) annulled a judgement of the Dutch speaking Commercial Court of Brussels which had assessed the substantive validity of a choice of jurisdiction clause under Belgian law rather than under the law of the Member State designed by the clause. ... Read More »
-
by: CEW & Partners
in Belgium, Brexit, Trade & Transport
The PSD2 launched in the Netherlands on 19 February 2019
February 20, 2019
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 »
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 »
-
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 »
-
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 »
-
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 »