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.
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.
The old-age pensioner (AOW): retaining or hiring?
The position of the old-age pensioner has changed with the introduction of the WWZ (Wet Werk en Zekerheid - Work and Security Act) on 1 July 2015, which means there is little to no employment protection for this employee. Subsequently, on 1 January 2016, the Wet Werken na de AOW-gerechtigde leeftijd (Working beyond AOW entitlement Act) came into effect. This act limits the obligations of the employer in the case of illness of an old-age pensioner.
Claim for damages against a truck manufacturers’ cartel
On 19 July 2016 the European Commission imposed the largest fine ever on European truck manufacturers. The manufacturers were part of a cartel. This is the case for the manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF.
Burden of proof for advertising fraud changed since 1 July 2016
Entrepreneurs regularly fall victim to advertising fraud. This involves misleading commercial practices. Certain (telephone) sales techniques are used to gain the entrepreneur's confidence and raise expectations. The objective is to have the entrepreneur enter into an agreement, after which the agreed performance is not or not properly delivered.
Undesired planning developments: what to do?
In a densely populated country like the Netherlands, where room is becoming more and more scarce, it is important that spatial development procedures are carefully followed. For interested parties, it is important to follow such procedures carefully as well, and to object against any undesired developments in time and in the correct manner.
Legislative proposal on Concentration of shipping cases with the District Court of Rotterdam adopted
Not all legislative processes take a long time. The legislative proposal was sent to the House of Representatives on 11 April 2016. On 21 June 2016, the Senate – like the House of Representatives – dealt with the legislative proposal as a formality, and adopted it. The law will take effect at a time to be decided by royal decree.
Minister Asscher announces measures that pertain to the obligation to continue to pay salary in the event of illness
Minister Asscher announces measures that pertain to the obligation to continue to pay salary in the event of illness
Garnishment of the purchase price with the buyer
On 31 October 2013, in the article “Beslag op de koopsom van een woning” ("Garnishment of the purchase price of a dwelling"), we already discussed a judgement of the Supreme Court of 12 July 2013, in which the Court ruled that garnishment levied on the purchase price against the buyer is not subject to the protection of the priority notice ("Vormerkung").
Receivers V&D ordered to surrender SENZ umbrellas
In a judgement of 10 May 2016, the Court in Preliminary Relief Proceedings of the District Court of Amsterdam ordered the receivers of V&D B.V. to surrender the umbrellas that Senz Umbrellas B.V. delivered to V&D and have not been paid to Senz Umbrella's B.V.
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