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.
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.
Temporary law on transparency turboliquidation
A boom in bankruptcies was expected at the beginning of the Covid pandemic. This expectation did not materialise, partly due to the many support measures that the government has rigged for business. Many companies took advantage of NOW, TVL and also special tax deferral schemes.
The on-call worker as a flexible shell; 6 points to consider
If your company's staffing requirements fluctuate widely, an on-call agreement can be a solution. With an on-call agreement, a flexible layer of employees can be formed and employees can be deployed for a varying number of hours each time.
New ROZ model Huurvereenkomst Winkelruimte en andere bedrijfsruimte in de zin van Artikel 7:290 BW (Dutch Civil Code): the changes and focal points in outline
In December 2022, the Real Estate Council ("ROZ") adopted a new model for the lease of retail space. This article first discusses the use of the ROZ model Huurvereenkomst Winkelruimte. Then some changes and additions compared to the ROZ model retail space from 2012 are mentioned and then explained. Finally, a number of points of interest follow.
Effective employee participation through clear ground rules
Effective cooperation with the works council benefits your operations. This requires clear ground rules. How are these established, what do they achieve and what are the pitfalls?
Uncertainty about shareholder vote: is AGM resolution voidable?
This article deals with the legal validity of decision-making in the private limited liability company. A private limited liability company has several organs. The division of powers is determined by law, articles of association, regulations and resolutions. Within the organs, agreements can be made on how decisions should be made. For example, in a shareholder agreement or voting agreement.
Stalemate between directors who are also shareholders: what to do?
The parties want to part ways, but at the right price. Meanwhile, the business must be continued without loss of value. The parties want to part ways in a normal way by avoiding escalation, but are still forced to hire a lawyer. What to do in a deadlock between directors who are also shareholders? Corporate lawyer Justin de Vries tells you more.
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