Government
Government
For entrepreneurs, the government is an important party. In your business operations you have to deal with laws, regulations and government decisions, both at the national and local level, often with complex content. The relationship with the government has its pitfalls and obstacles.
The playing field with the government is often difficult for entrepreneurs to oversee, because of the multitude of measures, and to see through, because of the density and complexity of measures that can follow in rapid succession. This can increase the risk of enforcement by the government. Especially in environmental law, this is a concern for entrepreneurs.
In addition, contracting with the government often involves special rules of the game, which are usually not an issue in business-to-business relationships.
Moreover, in legal disputes with the government there are often short time limits within which the entrepreneur must take action.
Most entrepreneurs will at some point need to call upon specialist knowledge in the areas of enforcement, environmental law, procurement, permit procedures and/or administrative litigation in objections and appeals. LVH Advocaten has extensive knowledge and expertise in these areas.
Advising
Our lawyers can advise you in contractual matters with the government and in matters concerning government decisions. It is important to determine your legal position and strategy in time in matters with the government, given the often short time limits for taking action against an adverse government decision. This can prevent time-consuming and expensive procedures.
In daily practice, our lawyers advise and litigate in matters concerning zoning plans and environmental permits, tender procedures, applying for or contesting a permit or subsidy, disputes or conflicts with the (local) government, objections, compensation or planning compensation.
Litigating against the government
Should legal proceedings be necessary, our lawyers can defend your interests against the government. For example, our lawyers have extensive experience in objections and appeals against enforcement decisions, decisions to grant or refuse permits and the establishment of zoning plans.
Sometimes an entrepreneur is in danger of suffering serious damage as a result of governmental action and the normal course of legal proceedings cannot be awaited. LVH Advocaten is an expert in conducting emergency proceedings, such as interim relief proceedings against government decisions and interlocutory proceedings against decisions of the contracting authority.
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Meer over onderneming & overheid
Director and works council: how to achieve effective cooperation?
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.
Sick employee does not cooperate in reintegration: employer actions
A reintegration process starts by the employer reporting sick. Earlier, we wrote an article about the steps that should be taken in a reintegration process. But what if the sick employee does not cooperate? Which actions can you take as an employer to get the reintegration process back on track or can the employer fire the sick employee if he does not cooperate?
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.