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.
Conference on 60 years CMR reveals differences in application treaty
On 6 and 7 October, the International Conference 60 years CMR took place. I was pleased to attend the conference. The following is a brief report of several interesting issues that were discussed.
Carrier liable for damage after delivery
On 21 June 2016, the Arnhem-Leeuwarden Court of Appeal has rendered an interesting decision on the period of liability of the carrier. The main rule is that the carrier has done his duties, when he delivers the received goods without damage or delay. Therefore, the moment of delivery is an important moment for the transport contract.
Every cloud has a silver lining
On the last day of 2015, one of the Netherlands’ largest department stores has been declared bankrupt. V&D's bankruptcy had negative consequences on various parties. For example on Senz, a supplier of storm umbrellas.
A solar farm: movable or immovable property?
Without energy, everything comes to a standstill. When speaking of energy, the emphasis is increasingly focused on alternative energy sources, partly stimulated by government measures (subsidies etc.). Often, people speak of ‘green’ energy and a good example is solar energy.
Dutch bankruptcy law
Bankruptcy in The Netherlands is governed by the Dutch Bankruptcy Act. Intra-EU cross-border insolvency proceedings are governed by Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. Cross-border insolvency proceedings that do not fall within the scope of the EU Insolvency Regulation will be governed by the general rules of Dutch Private International Law.
Debt collection in the Netherlands
LVH Advocaten offers professional debt collection services for any size commercial debts in the Netherlands. The firm has ample experience in collecting outstanding debts for our international client base and is committed to pursue debtors in the Netherlands quickly and efficiently to ensure a maximum return at a minimum cost.
CMR forum shopping
Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provides a wide choice of jurisdictions in which legal proceedings might be commenced. This includes the courts of a country within whose territory the defendant is ordinarily resident or has his principal place of business, or the place where the goods were taken over by the carrier or the place designated for delivery.
Judicial sale of vessels
The Netherlands is a suitable jurisdiction to enforce claims against ships. The arrest of vessels is a broadly used manner to obtain payment or security for a long outstanding claim. It is not always that vessels are subsequently released. Especially where various parties arrest a vessel there is always a risk that the vessel will not leave port in the same ownership. With a certain frequency seagoing vessels are sold before the Dutch Courts through a judicial sale by public auction.
Ship Arrest in The Netherlands
The Kingdom of The Netherlands is party to several international conventions within the maritime field, including the International Convention Relating to the Arrest of Sea-Going Ships (Brussels, May 10, 1952).
The House for Whistleblowers Act has come into effect
On 1 July 2016, the Dutch House for Whistleblowers Act (Wet Huis voor Klokkenluiders) came into effect. Pursuant to this act, employees who have a suspicion of abuse within the organisation for which they work can turn to the House for Whistleblowers if the employer does not have a (adequate) procedure in place or the employer has failed to handle an internal report correctly.
Compensation transition payment in case of dismissal after long-term occupational disability?
Minister Asscher of Social Affairs and Employment announces an adjustment to the Wet werk en zekerheid (Wwz - employment and security act).
Abolition of minimum youth wage for employees 21 years and older
Currently, a lower statutory minimum wage applies to young people under 23 years of age, the so-called minimum youth wage. Minister Asscher wishes to abolish the minimum youth wage for employees who are 21 and 22 years of age.
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