Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »
Tag Archives: Netherlands
Feed SubscriptionTo what extent can collection costs be recovered from a debtor as damage?
February 14, 2014
Posted by: Susanne Hermsen: German Desk, Corporate law Just like in the Netherlands, German courts are also wrestling at the moment with the question of whether collection costs can be recovered from the debtor or not. A brief overview of the current state of affairs in Germany is given below. Read More »
Trade with Germany – Facts and figures
January 15, 2014
The international trade between Germany and the Netherlands grew once again last year by more than 4% to 157.6 billion euros. This made the Netherlands Germany’s most important trade partner after France. Read More »
General Court: FresQ was not in charge of sales
January 14, 2014
In a judgement dated 16 September 2013 the General Court ruled that the Commission was right to withdraw from Community funding the almost 21 million euros in CMO subsidy received by FresQ. The reason for this withdrawal was that FresQ did not satisfy the requirements for recognition. Specifically, FresQ was ... Read More »
Memos on directors’ liability and social security in Germany
November 22, 2013
Posted by: Susanne Hermsen: German Desk Dirkzwager and Loyens & Loeff have joined forces to write two extensive memos on directors’ liability in Germany and withholding taxes / social security for directors resident in the Netherlands and working for companies based in Germany. Read More »
Directors’ liability concerning bankruptcies in Germany
November 21, 2013
In an earlier article I discussed the internal and external directors’ liability in Germany. This already demonstrated a number of differences between Germany and the Netherlands. A number of striking differences can be identified when it comes to the interpretation of the notion of directors’ liability concerning bankruptcies. Read More »
No more CMO subsidies for vegetable and fruit processing
November 20, 2013
In a judgement dated 30 May 2013, the General Court of the European Union (the Court) declared a provision from Regulation 1580/2007 and two provisions from article 50(3) of Regulation 543/2011 to be void. On the one hand, this means that the value of processing activities may no longer be ... Read More »
Does the best price guarantee on booking sites stand up to competition law?
November 19, 2013
The Consumers’ Association last year called on the NMa to investigate the online prices of hotels offered on booking sites. A survey by the Consumers’ Association had shown, for instance, that the prices of 5 different hotels in Amsterdam were (practically) the same in 83% of cases. This was mainly ... Read More »
Crowdfunding as alternative financing
November 15, 2013
Small-scale commercial and non-commercial projects are finding it increasingly difficult to raise financing. The reason for this is that banks are required to maintain more equity and subsidies are drying up in many places. An alternative form of financing has been found for this group: crowdfunding. What is crowdfunding and ... Read More »
Doing business in Germany – Cultural differences
November 1, 2013
Although the Netherlands and Germany share a border and are important trade partners, there are major differences in terms of business etiquette. This article explains the biggest differences and pitfalls. Read More »
Starting a business in Germany – Legal forms
October 21, 2013
Posted by: Susanne Hermsen Just like the Netherlands, Germany has a number of legal forms to choose from when starting a business. Read More »
Directors’ liability in Germany
October 16, 2013
Posted by: Susanne Hermsen In Germany, the Geschäftsführer is at the helm of the GmbH. His position is fundamentally similar to that of the director of a Dutch private limited company (B.V.). Read More »
The position of managing directors
June 4, 2013
As we informed you earlier, new legislation regarding the simplification and flexibilization of the rules on Dutch private companies with limited liability (Wet vereenvoudiging en flexibilisering Read More »
Does an employment contract automatically end at the pensionable age of 65 years?
April 8, 2013
On 12 October 2010 the European Court of Justice issued a ruling on the validity of clauses in collective bargaining agreements which contain the provision that Read More »
Greater clarity on principle of transparency for privacy law imminent
March 22, 2013
The Belgian Constitutional Court recently requested in a ruling (pdf) that the European Court of Justice provide an interpretation concerning the scope of the principle of transparency Read More »