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.
A right to compensation after termination of cohabitation without a contract or marriage?
The Supreme Court issued an interesting judgment on the question whether a partner is entitled to compensation from the ex-partner after ending cohabitation without a contract (also referred to as: informal cohabitation).
Flight delay due to a screw in the tyre or oil on the track
Many factors influence whether or not a flight departs on time, with an airline having an influence on far from all matters. The delay of a flight can often not be prevented by the airline, but it is confronted with passenger claims under EC Regulation 261/2004 in case of a delay.
Court of Justice: a supervisory director of a foundation is not a VAT entrepreneur
According to a judgment of the European Court of Justice on 13 June 2019, a member of a supervisory board (SB) of a foundation does not have to pay VAT on the remuneration for his activities as a member of the supervisory board.
Reimbursement of extrajudicial costs: what is possible?
What are extrajudicial costs and what costs can you recover from a business partner? These 2 questions are in fact addressed in every case where I assist a client who wants to recover a claim. In most cases we first look at whether a case can be solved out of court. In this process - before we go to court - the so-called extrajudicial costs are incurred for, among other things, writing to and consultation with the other party or his lawyer.
The shareholders’ agreement: some practical tips
Whether it is a startup or a company that has been around for a long time, it is important that shareholders make good agreements. By recording the agreements, shareholders gain certainty about where they stand with regard to their fellow shareholders.
The instant dismissal by Ryanair due to refusal to change work locations is upheld
Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given.
Court of Appeal rules that ‘pre-pack is a transfer of a company’
In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.
Important date for approval amendment of Articles subsidiaries housing corporations
Following the mandatory amendment of the Articles of housing corporations, subsidiaries must also bring their Articles in line with the Housing Act (Woningwet). This has to be done before 1 January 2018.
The Enhancement Position of Receivers Act has entered into force
On 1 July 2017, the Enhancement Position of Receivers Act (Wet versterking positie curator) entered into force.
Right to prior consultation Works Council in the event of bankruptcy
In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.
Who is entitled to the petrol station at the end of the lease agreement?
The law provides a rule for answering this question, but the lease agreement may include different agreements. In practice that happens, but these agreements are often unclear or undated, creating opportunities and threats.
Bank has limited duty of care in respect of the franchisee
On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.
CONTACT
Curious about what we can do for your business?
Please contact us.
