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 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.
Rules on free choice of a lawyer under legal expenses insurance to be interpreted broadly
On 7 April of this year, the European Court of Justice has once again given two judgements on the free choice of a lawyer, in which the concept was more closely defined.
Change in the Wage Guarantee Scheme
When an employer goes into liquidation, the employees are often left with arrears in the payment of their salaries. The liquidation does not cause the employment to be terminated immediately (the receiver still has to terminate the employment agreement),
No enforcement by the ILT with regard to delayed flights
Under EC Regulation 261/2004, passengers can claim financial compensation when a flight is severely delayed or cancelled. Pursuant to Section 16 of this Regulation, the Netherlands is obliged to appoint a national institution that is responsible for the e
Conflicts of interest within a foundation
Can a director of a foundation give an assignment to a private company with limited liability that he is a director of as well?
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