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
Bank has limited duty of care in respect of the franchisee
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
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.
Netherlands Franchise Code (NFC)
On 12 April 2017, the outgoing Minister of Economic Affairs published a bill which legally embeds the NFC. It is possible to respond to the bill until 25 May 2017. By legally embedding the NFC, the Minister wants to strengthen the position of franchisees and bring more balance to the interests of franchisees and franchisors.