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.
Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests
A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.
Passenger claims 261/2004: Effect of extraordinary circumstances
Regulation 261/2004 allows passengers to claim lump-sum compensation in case of cancellation or long delay, unless the cancellation or delay of the flight is due to extraordinary circumstances and the airline has taken all reasonable measures. But what if the extraordinary circumstance occurred on a previous flight? In this article, we look at extraordinary circumstances and reasonable measures and the effect of extraordinary circumstances on successive flights in an airline's flight operations.
Dismissal during illness versus dismissal due to illness
The employment contract of a sick employee can (despite the prohibition on giving notice during illness) be dissolved by the subdistrict court. That is, if (a) there is a legal ground for dismissal (for example, a disturbed working relationship or dysfunction) and (b) the request for dissolution is not related to the illness.
How does rent protection work for tenants of medium business space when terminating the lease?
There are two different lease regimes for the lease of business space: lease for medium business space, such as stores and catering establishments (7:290 business space) and other business space (7:230a business space). This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) .
Tips and tricks for a cooperation agreement
Under the guise of "together you are strong," parties regularly enter into cooperation agreements. In this article, contract law attorney Gentia Niesert explains what a cooperation agreement is and provides some tips and tricks for drafting one.
How does rent protection work for tenants of medium-sized business premises upon termination of the lease?
This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) . The rules that apply here assume a broad degree of protection for the tenant. This is because it is important for the tenant to be able to build up a business and generate income and goodwill.
Airline liability
What if a passenger suffers bodily injury? Liability in international air transport is regulated in particular by the Montreal Convention (hereinafter: the Convention). The Convention provides rules for European member states on when and for what type of damage airlines are liable. In doing so, the Convention covers both freight and passenger transport and distinguishes between different types of damage.
The future labour market
Minister Van Gennip (Social Affairs and Employment) sent a package of labour market measures to the Lower House on 3 April (Kamerbrief over voortgang uitwerking arbeidsmarktpakket | Kamerstuk | Rijksoverheid.nl). The Minister largely follows the so-called 'Borstlap Committee' and the SER Advice and gives an advance insight into what the labour market should look like (at the latest) in 2025, according to the Cabinet.
Liability of foundation director in case of rained-out festival
A director of a foundation can also run the risk of being held personally liable. This is nothing new, but is demonstrated once again by a recent judgment of the East Brabant District Court. The director of a foundation set up to organise a festival had entered into new financial commitments a day before the start of the festival, while weather forecasts were poor.
Conflicts and conflicting interests between shareholders
The relationship between shareholders in a company is sometimes like a marriage. It often goes well, but it also happens often enough that after a short or long time, hassles arise and parties no longer want to continue with each other. Just like a marriage, this can lead to a 'fighting divorce' or 'parting as good friends' and everything in between.
Defense Against Passenger Claims
Is a flight delayed or canceled or does a passenger face a denied boarding? Then Regulation 261/2004 and the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) govern the rights of passengers vis-à-vis tour operators and airlines.
Critical building supervision or hasty enforcement?
There are times when the public authority suspects that the quality of a building is not up to scratch. This is not always easy to prove. Especially when it comes to technical regulations, the compliance of which can only be determined through extensive testing. That was the subject of a recent case at the Administrative Law Division of the Council of State. The central issue was the Building Decree.
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