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May 18, 2022

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Director and works council: how to achieve effective cooperation?

2022-03-01T11:27:19+00:00March 1, 2022|Employees, News, Posts|

The works council is an important body within the organisation. They represent their members and have the necessary powers to do so, such as the right to consent and the right of advice. Effective cooperation makes it easier to implement important decisions within your organisation and ensures that those decisions are also supported within your organisation.

Can a cash payment made after the bankruptcy date be reclaimed?

2022-02-22T08:53:45+00:00February 17, 2022|Companies in financial distress, Employees, News, Posts|

Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.

Aviation Act: Objection against tariffs and conditions for Schiphol Airport

2022-02-08T13:46:12+00:00January 25, 2022|Aviation & law, Aviation and law, News, Posts, Specialist areas|

Airlines rely heavily on airports. Therefore, the way an airport is operated affects airlines. This occurs, among other things, when airports set their rates and conditions. A dispute arose between the airline easyJet and the Authority for the Consumer and Market (ACM) concerning the setting of rates and conditions for Schiphol Airport.

How to effectively terminate an agency agreement

2021-11-30T00:00:00+00:00November 30, 2021|Business service, News|

Agency agreements under Dutch law are defined in book 7 of the Dutch Civil Code (DCC). Book 7 contains a number of specific type of agreements that need a specific form of protection. Agency agreements and employment agreements are examples of such specific agreements.

Privacy and Data Protection: Brexit and third countries

2021-11-22T21:07:46+00:00November 22, 2021|Business service, International, News, Posts|

As we all know the UK left the EU with effect from 1 January 2021. How does this affect the transfer and processing of personal data in the UK. The Withdrawal Agreement entered into by the EU and the UK regarding the withdrawal of the UK from the EU sets out a certain transitionary period. This transitional period expired as from 1st July 2021, meaning that the UK is treated as a third country with respect to the transfer and processing of personal date. What does this mean in practice for privacy and data protection?

Terminating a commercial contract

2021-11-22T00:00:00+00:00November 22, 2021|Energy & industry, Enterprise and business, Enterprise and business, Food, Horeca & Retail, International, News, Port & trade maritime lawyers, Posts, Specialist areas, Transport and logistics|

This article will explain in which way commercial agreements can be terminated under the Dutch Civil Code (DCC). The general rule in the Netherlands is that there is substantial freedom of parties to enter into an agreement.

Opinion of the Attorney-General: lessees of business premises are entitled to a rent reduction because of the corona pandemic

2021-10-25T12:04:52+00:00October 25, 2021|Commercial Property and Investment, Construction & property, News|

In a case concerning the question whether a lessee of business premises is entitled to a rent reduction because of the coronapandemic, the Subdistrict Court of Roermond asked the Supreme Court preliminary questions on March 31. The answer to these questions is important for legal practice, because the answers from the Supreme Court will also give other tenants and lessors of business accommodations something to hold on to when solving concrete cases.

When does a commercial agreement become a legally binding agreement?

2021-10-21T15:30:38+00:00October 21, 2021|Energy & industry, Enterprise and business, Enterprise and business, Food, Horeca & Retail, International, International, International, International, International, International, News, Port & trade maritime lawyers, Posts, Specialist areas, Transport and logistics|

It may be that your commercial enterprise was still negotiating the terms of a commercial contract and the negotiations did not result in an agreed written contract. At least that is what you thought until you received an invoice.

Qualification of the employment relationship: management agreement or employment contract?

2021-10-11T11:43:24+00:00October 11, 2021|Employees, News|

The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?

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