Articles
Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.
Right to compensation Regulation 261/2004 in case of multiple flight delay circumstances?
Airlines are subjected daily to various circumstances that may lead to a delay or cancellation of the scheduled flight. However, such disruption does not always lead to the obligation to pay compensation to passengers. In case of extraordinary circumstances that could not have been avoided even by taking all reasonable measures, no compensation is due.
Liability for damage to an aircraft
When transporting cargo or passengers, airlines are faced with several conditions that can cause damage to their aircraft. This damage occurs in most cases when the aircraft is still on the ground. When parked, leaving the gate or taxiing to the runway. But who is liable for this damage and what does an airline have to pay for itself?
No forced takeover of Corendon due to Covid-19
On the 7th of December 2020, the Court of Amsterdam dismissed the claim relating to the takeover of tour operator Corendon in an interim injunction.
Dutch employment law: dismissal procedure and severance pay
Almost every company employs personnel and therefore has to deal with the relatively complex system of Dutch employment law. Hiring and hiring personnel is relatively simple. Dismissal, on the other hand, can be complex and in certain cases impossible or expensive. In many cases, it can therefore be advantageous to agree on termination of employment by mutual consent.
Practical legal tips on the applicability of General Terms and Conditions of Trade
Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.
Government support agreement 2.0 for tenants and landlords in the retail sector
Following the agreement reached in April 2020 (link) between the real estate and retail sectors on rent suspension for retailers due to the consequences of the corona crisis, there is now a support agreement 2.0.
Reorganisation and dismissal in NOW scheme: what is allowed and what is not?
In a recent article we discussed the Temporary Emergency Measure Bridging Employment (NOW). The subsidy from this scheme comes with obligations for employers. If these obligations are not (fully) met, a sanction may be imposed. This article looks at the question whether you can still lay off employees during the granting of the NOW subsidy and whether you can reorganise.
Pratical Legal Corona Tips: How can your business enterprise conduct its formal meetings that require physical presence by law or deed?
Under the Dutch Civil Code (DCC), there are many requirements on how to convene certain general meetings of business enterprises. The one that causes the biggest obstacle is the fact that the DCC requires in some instances that such general meetings require the physical presence of the parties concerned. And this may not be possible or practicable during the period of the “intelligent” lock-down imposed by the Dutch Government.
A proactive absenteeism policy; a precondition for sustainable employability
When an employee reports sickness, an employer must be alert. Does the employee need support? Is it short-term or long-term absenteeism? And how is reintegration handled? Perhaps outside their own company?
Support agreement for and by the Dutch retail sector on rental obligations during the corona crisis
On Friday 10 April, an agreement was reached between the property and retail sectors on rent suspension for retailers due to the consequences of the corona crisis. Parties involved are IVBN, INretail, Vastgoed Belang, Detailhandel Nederland, EZK, NVB and VGO. The starting point is that the financial pain resulting from the corona crisis must be shared between retailers (and their shareholders), landlords, banks and the government. The support agreement provides guidelines for the short and long term.
Is it possible to stop paying the rent of business premises?
In recent weeks, Leeman Verheijden Huntjens Advocaten received many questions from both tenants and landlords of business premises about rent payment and other rights and obligations in these special times.
Directors and officers liability towards third parties: The Beklamel-Standard
The corona crisis can cause difficulties for your company. It may not be able to supply all its customers with products, pay all its suppliers on time or otherwise fail to meet its obligations towards its contracting parties and other third parties.
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