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Author Archives: Dirkzwager legal & tax

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With offices in Nijmegen and Arnhem and more than 260 staff members, Dirkzwager legal & tax has specialist legal knowledge in almost every area of the law. Besides up to date knowledge of legislation and case law, it also demonstrates good judgement of character and knowledge of the markets in which our clients operate. We use our knowledge to serve our clients. We also share that knowledge, a feature that distinguishes us and benefits our clients. Clients who are supported by a lawyer with the latest professional knowledge are in a stronger position and need have no concerns. By actively sharing its knowledge, keeping you constantly updated during your case and providing clear explanations, Dirkzwager helps you become wiser. Which means that in future you can identify similar problems sooner and be better prepared, even in the temporary absence of your lawyer. After all, it’s always easier to talk about things you understand.
GmbH or AG – what are the differences?

GmbH or AG – what are the differences?

Many foreign entrepreneurs establish a subsidiary in Germany, frequently choosing a Kapitalgesellschaft (company) for liability and tax reasons. The most familiar forms of company in German law are the Aktiengesellschaft (AG), or public limited company and the Gesellschaft mit beschränkter Haftung (GmbH), or limited liability company. Both are autonomous legal ... Read More »

Mac family of trademarks has ample protection

Mac family of trademarks has ample protection

The trademarks McMuffin, McRib, McFlurry, Chicken McNuggets, McChicken and Egg McMuffin, all derived from the McDonald’s brand, meet all of the conditions to form a ’family’ of trademarks according to the General Court of the European Union. All derived trademarks are connected by a common feature, namely the prefix ‘Mc’. ... Read More »

Online traders take note: the EU Commission’s online dispute resolution platform

Online traders take note: the EU Commission’s online dispute resolution platform

Online dispute resolution platform Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes has directly applied in all EU Member States, including Germany, since January 2016. The Regulation applies only to online trade with consumers by companies headquartered in Europe (i.e. not in Switzerland, China or the USA). ... Read More »

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

After a general introduction, this post will discuss a ruling by the judge in interlocutory proceedings in Rotterdam of 30 March 2016 on a continuing performance contract to produce and deliver dry soups which are eventually intended to be passed on to Heinz (ECLI:NL:RBROT:2016:2467). The purchaser ‘Continental Foods Belgium’ terminated ... Read More »

Negotiated contract clause and General Terms and Conditions of Business

Negotiated contract clause and General Terms and Conditions of Business

National legal systems routinely contain special provisions to be used for evaluating General Terms and Conditions of Business (GTC), and German law is no exception. Clauses that qualify as general terms and conditions of business are automatically subject to this rigorous scrutiny. If they do not withstand scrutiny, they are ... Read More »

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

The Employment Relationships (Deregulation) Act (DBA) comes into force on 1 May 2016. This legislative change means that the Declaration of Independent Contractor Status (VAR-declaration) is abolished. Our employment law colleagues have previously written about the employment law aspects of this but there is also important news in the field ... Read More »

The termination agreement – Key aspects under German labour law

The termination agreement – Key aspects under German labour law

There are many reasons why, in individual cases, the parties to an employment contract wish to part company or one party unilaterally terminates the employment relationship. One possible reason is the avoidance of dismissal proceedings, which entail risks for both parties. Alternatively, the parties may wish to quickly and smoothly ... Read More »

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