admin, auteur op LVH advocaten Rotterdam

Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?

admin2022-04-25T13:37:16+00:00April 19, 2021|commercial property and investment, enterprise and real estate, news, posts, specialist areas|

There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.

Justified employee job reassignment after serious incident?

admin2021-04-19T11:26:50+00:00April 19, 2021|employees, news, posts, specialist areas|

A question that we as employment lawyers receive with some regularity is whether an employee can be placed in a lower position with a lower salary after one or more incidents. In many cases an employee will not voluntarily agree to this and the question arises whether a unilateral change of position is possible. This question was addressed by the subdistrict court in its judgment of December 31, 2020.

Summons Dismissal: Requirements and Recent Rulings

admin2021-04-14T10:21:46+00:00April 14, 2021|employees, news, posts, specialist areas|

Many employers are occasionally confronted with an employee whom - in view of the seriousness of the conduct - they wish to part with immediately, i.e. dismiss summarily. But is this really possible? In this article, we will discuss the requirements for summary dismissal and three recent decisions by subdistrict courts that have ruled on summary dismissal.

IATA Travel Pass: ins and outs

admin2022-08-22T07:54:27+00:00April 13, 2021|aviation and law, international, news, posts|

International air traffic has been (partially) stopped for quite some time now. The corona crisis has had an enormous impact on the aviation industry. Restarting air traffic brings with it the necessary challenges in terms of information supply to passengers, the requirements of various governments, but also the requirements for airports and airlines.

Do airlines have to compensate passengers financially in case of a strike?

admin2023-03-20T09:14:28+00:00April 6, 2021|aviation and law, international, news, posts|

The rights of air passengers in case of delay, cancellation or denied boarding are regulated by EU Regulation 261/2004. The Regulation entitles passengers in certain cases to standardized financial compensation of €250, €400 or €600 depending on the flight distance.

Assessment of employment relationships and the DBA Act: Employee or self-employed person?

admin2021-03-01T14:47:00+00:00March 1, 2021|employees, news, posts, specialist areas|

A widely used employment relationship is the ZZP construction. This employment relationship has a number of advantages for entrepreneurs and it is a good alternative to temporary work and (temporary) employment contracts. It is therefore a subject that has been the subject of much debate in recent years, more specifically, when is there an agreement for services or an employment contract?

Consequences of Brexit for aviation: a brief overview

admin2022-08-22T07:58:16+00:00February 8, 2021|aviation and law, international, news, posts|

This article briefly discusses the consequences of Brexit for the aviation industry. On January 31, 2020, the United Kingdom officially left the European Union (EU). From that moment, a transition period started during which the United Kingdom continued to apply European law. In the meantime, negotiations for a Trade and Cooperation Agreement (TDA) took place.

Right to compensation Regulation 261/2004 in case of multiple flight delay circumstances?

admin2023-03-20T09:15:38+00:00January 19, 2021|aviation and law, international, news, posts|

Airlines are subjected daily to various circumstances that may lead to a delay or cancellation of the scheduled flight. However, such disruption does not always lead to the obligation to pay compensation to passengers. In case of extraordinary circumstances that could not have been avoided even by taking all reasonable measures, no compensation is due.

Liability for damage to an aircraft

admin2023-02-13T14:34:29+00:00January 4, 2021|aviation and law, enterprise and business, international, news, posts, specialist areas|

When transporting cargo or passengers, airlines are faced with several conditions that can cause damage to their aircraft. This damage occurs in most cases when the aircraft is still on the ground. When parked, leaving the gate or taxiing to the runway. But who is liable for this damage and what does an airline have to pay for itself?

No forced takeover of Corendon due to Covid-19

admin2023-02-13T14:34:37+00:00December 21, 2020|aviation and law, enterprise and business, international, news, posts, specialist areas|

On the 7th of December 2020, the Court of Amsterdam dismissed the claim relating to the takeover of tour operator Corendon in an interim injunction.

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