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Reliance on limitation period remains possible in ‘asbestos cases’

Reliance on limitation period remains possible in ‘asbestos cases’

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 »

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

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

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

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?

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 »

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