Important changes in Dutch employment law in 2020
From the 1st of January 2020 a number of changes in Dutch employment law will come into force. These changes will bring new attractive benefits as well as new risks that need be taken into account by both employers and employees.
Liability for acting on behalf of a private company in formation
Legal acts can already be performed on behalf of a private limited company in incorporation. However, caution is required, because the person who has performed the acts on behalf of the B.V. under formation may be personally called upon to fulfil the obligations entered into.
When can a buyer of a property address the seller for a hidden defect?
When you buy an (old) house, you buy it in the condition it is then in. This means including all visible and invisible defects. If it turns out that there is a defect after the purchase, this is in principle at the buyer's risk. This sounds logical. Nevertheless, there are conceivable situations in which the buyer can hold the seller liable for the costs of repairing the defect. In this article I explain when this can be the case.
A right to compensation after termination of cohabitation without a contract or marriage?
The Supreme Court issued an interesting judgment on the question whether a partner is entitled to compensation from the ex-partner after ending cohabitation without a contract (also referred to as: informal cohabitation).
Flight delay due to a screw in the tyre or oil on the track
Many factors influence whether or not a flight departs on time, with an airline having an influence on far from all matters. The delay of a flight can often not be prevented by the airline, but it is confronted with passenger claims under EC Regulation 261/2004 in case of a delay.
Court of Justice: a supervisory director of a foundation is not a VAT entrepreneur
According to a judgment of the European Court of Justice on 13 June 2019, a member of a supervisory board (SB) of a foundation does not have to pay VAT on the remuneration for his activities as a member of the supervisory board.
Reimbursement of extrajudicial costs: what is possible?
What are extrajudicial costs and what costs can you recover from a business partner? These 2 questions are in fact addressed in every case where I assist a client who wants to recover a claim. In most cases we first look at whether a case can be solved out of court. In this process - before we go to court - the so-called extrajudicial costs are incurred for, among other things, writing to and consultation with the other party or his lawyer.
The shareholders’ agreement: some practical tips
Whether it is a startup or a company that has been around for a long time, it is important that shareholders make good agreements. By recording the agreements, shareholders gain certainty about where they stand with regard to their fellow shareholders.
The instant dismissal by Ryanair due to refusal to change work locations is upheld
Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given.
Court of Appeal rules that ‘pre-pack is a transfer of a company’
In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.
