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.
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.
Introduction of the Franchise Act does not produce a rosy future for franchise formulas
I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.
Netherlands Franchise Code (NFC)
On 12 April 2017, the outgoing Minister of Economic Affairs published a bill which legally embeds the NFC. It is possible to respond to the bill until 25 May 2017. By legally embedding the NFC, the Minister wants to strengthen the position of franchisees and bring more balance to the interests of franchisees and franchisors.
Bruna must honour the franchise and lease agreement (for now)
A franchisee has successfully brought interlocutory proceedings against his franchisor Bruna. The court in interlocutory proceedings has judged as a preliminary measure that Bruna has to honour the franchise and (sub)lease agreement it terminated.
Problems when the lessor invokes a bank guarantee for vacancy losses due to bankruptcy of lessee
Wij zijn een Rotterdams advocatenkantoor dat zich richt op juridische dienstverlening aan bedrijven. Onze advocaten hebben door kennis van de diverse branches een grotere voorsprong.
Self-driving and truck platooning: a modification of legislation is required
We read about it in the news so often: accidents - fatal or otherwise - with self-driving cars. One of the questions that arise is: who is liable for such accidents? This is a phenomenon not (yet) provided for by current legislation.
Widening of the term building site for VAT purposes, with effect from 1 January 2017
New legislation traditionally comes into effect at the start of the year. With effect from 1 January 2017, this is the case in the property world in respect of, among other things, the term ‘building site’ pursuant to the Turnover Tax Act 1968 [Wet op de omzetbelasting 1968].
Asbestos issues when buying residential or business premises
Until the early 1990s, the mineral asbestos was used in the manufacturing of a lot of products. Old building materials for instance often contain asbestos.
Excessive lending. Court rejects claim Rabobank for repayment of residual debt
The breach of the duty of care of the bank in granting a mortgage loan may have far-reaching consequences for the bank, as can be seen in a decision of the “Midden-Nederland” court of 12 October 2016.
CONTACT
Curious about what we can do for your business?
Please contact us.
