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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.

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.