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.
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.
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.
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