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.
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The statutory regulation of conflicting interests in a B.V. (and the foundation and association)
Since 2013, the private limited liability company has a statutory regulation with Article 2:239 (6) of the Dutch Civil Code for the situation where one or more directors have a direct or indirect personal interest that conflicts with the interest of the company and its affiliated business.
Actions against non-competition agreements
Many employees have a non-compete agreement, and many employers come into contact with potential employees who have a non-compete agreement. The question that then arises is, can the employee join a new company? Or in other words, is the non-competition clause legally valid, can the current employer successfully invoke the clause, or can the non-competition clause perhaps be (partially) voided?
Requirements for CO2 reduction in state aid to KLM?
An important topic in aviation is the reduction of CO2 emmission. Aircraft burn kerosene and therefore emit CO2. Recently, the preliminary relief judge of the District Court of The Hague issued a judgment in the context of CO2 reduction by the Dutch airline KLM and the state aid that KLM received due to the corona pandemic. What conditions for CO2 reduction can be attached to that state aid?