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Reimbursement of extrajudicial costs: what is possible?

admin2022-08-22T08:08:39+02:0017 May 2019|news, posts|

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

admin2019-04-26T15:12:40+02:0026 April 2019|news, posts|

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

admin2018-01-25T11:21:53+01:0025 January 2018|news, posts|

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’

admin2017-07-27T10:18:39+02:0027 July 2017|news, posts|

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.

Important date for approval amendment of Articles subsidiaries housing corporations

admin2017-07-24T19:40:35+02:0024 July 2017|news, posts|

Following the mandatory amendment of the Articles of housing corporations, subsidiaries must also bring their Articles in line with the Housing Act (Woningwet). This has to be done before 1 January 2018.

The Enhancement Position of Receivers Act has entered into force

admin2017-07-24T15:06:47+02:0024 July 2017|news, posts|

On 1 July 2017, the Enhancement Position of Receivers Act (Wet versterking positie curator) entered into force.

Right to prior consultation Works Council in the event of bankruptcy

admin2017-07-20T08:42:11+02:0020 July 2017|Food, Horeca en retail, news, posts|

In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.

Who is entitled to the petrol station at the end of the lease agreement?

Bouwe Bos2022-09-12T13:12:28+02:001 June 2017|news, posts|

The law provides a rule for answering this question, but the lease agreement may include different agreements. In practice that happens, but these agreements are often unclear or undated, creating opportunities and threats.

Bank has limited duty of care in respect of the franchisee

admin2017-06-01T10:52:34+02:001 June 2017|Food, Horeca en retail, news, posts|

On 23 May 2017, the The Hague Court of Appeal gave a judgment in respect of a bank's duty of care regarding an ex-franchisee. In short, the Court of Appeal is of the opinion that it was not established that the bank neglected its duty of care by not warning the franchisee about the poor financial position of the franchiser.

Introduction of the Franchise Act does not produce a rosy future for franchise formulas

admin2017-05-23T00:00:00+02:0023 May 2017|Food, Horeca en retail, news, posts|

I have written about the Netherlands Franchise Code (NFC) before and explained its contents. In that context, I noted briefly that Minister Kamp sent a white paper for the Franchise Act to the Dutch House of Representatives. The white paper concerns special regulations for a franchise agreement and is open for consultation up to 25 May 2017, inviting stakeholders and interested parties to express their opinion.

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