86 results Amended governance rules addressing third party funding for collective claim organizations On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market. European Court of Justice resolves – Peeters/Gatzen claim falls within the scope of Regulation (EU) 1215/2012 (Brussels I recast) instead of Regulation (EU) 2015/848 (Insolvency Regulation) On 6 February 2019, the European Court of Justice ruled that the Peeters/Gatzen claim falls within the scope of Regulation Brussels I and therefore the Regulation on Insolvency Proceedings does not apply. Does selling a phone on an online marketplace make you a "trader" under the Unfair Commercial Practices Directive and the Consumer Rights Directive? Online marketplaces provide sales channels not only for professional traders but also for individuals selling second-hand goods. For buyers, online advertisements do not always make it clear whether the seller is a professional trader or an individual. Additional Dutch tax measures to provide relief for economic impact corona crisis Further to the measures already announced on 12 March 2020, the Dutch government earlier this week announced additional extraordinary measures (both tax and non-tax related) to mitigate the economic impact of the corona crisis. Below we will summarize som The impact of COVID-19 (coronavirus) on commercial contracts: force majeure? Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts. Swifter merger clearance and shorter merger filings in Belgium Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations. Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons. Exoneration clauses in commercial contracts: excluding indirect damage In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts in which liability for indirect damage is excluded. The Netherlands' Budget Day 2022 On Tuesday 20 September 2022 (Budget Day; Prinsjesdag), the Dutch Ministry of Finance published the 2023 Tax Package (Belastingpakket) including the 2023 Tax Plan (Belastingplan). Usufruct on rent payments: Dutch Supreme Court limits freedom of contract within property law A right of usufruct on a claim cannot be used to appropriate what is received through collection of that claim, as the Dutch Supreme Court ruled in its decision of 30 September 2022 (ECLI:NL:HR:2022:1331). Preventieve zorgplicht uit artikel 13 Wbb vereist niet dat bodemverontreiniging in het geheel voorkomen dient te worden Op grond van artikel 13 van de Wet bodembescherming (Wbb) geldt er een algemene zorgplicht die verplicht om bij (dreigende) bodemverontreiniging alle maatregelen te nemen die redelijkerwijs gevergd kunnen worden. Gotta catch ‘em all? Upward referral of ‘killer acquisitions’ upheld Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye. Unauthorized representation: commitment of the principal to the agreement In Dutch commercial legal practice, contracting parties frequently act as representatives of a company. EU institutions agree on Corporate Sustainability Due Diligence Directive: what to expect? On 14 December 2023, the Council of the European Union and the European Parliament agreed on a compromise text for the Corporate Sustainability Due Diligence Directive (“CSDDD”). Pagination Previous page Page 2 Page 3 Page 4 Current page 5
Amended governance rules addressing third party funding for collective claim organizations On 4 March 2019, an amended version of the Dutch "Claimcode" was published. The Claimcode is an instrument of self-regulation, created by parties who are active on the claims market.
European Court of Justice resolves – Peeters/Gatzen claim falls within the scope of Regulation (EU) 1215/2012 (Brussels I recast) instead of Regulation (EU) 2015/848 (Insolvency Regulation) On 6 February 2019, the European Court of Justice ruled that the Peeters/Gatzen claim falls within the scope of Regulation Brussels I and therefore the Regulation on Insolvency Proceedings does not apply.
Does selling a phone on an online marketplace make you a "trader" under the Unfair Commercial Practices Directive and the Consumer Rights Directive? Online marketplaces provide sales channels not only for professional traders but also for individuals selling second-hand goods. For buyers, online advertisements do not always make it clear whether the seller is a professional trader or an individual.
Additional Dutch tax measures to provide relief for economic impact corona crisis Further to the measures already announced on 12 March 2020, the Dutch government earlier this week announced additional extraordinary measures (both tax and non-tax related) to mitigate the economic impact of the corona crisis. Below we will summarize som
The impact of COVID-19 (coronavirus) on commercial contracts: force majeure? Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts.
Swifter merger clearance and shorter merger filings in Belgium Companies can expect swifter merger clearance and simpler filing rules in Belgium. The Belgian Competition Authority has published a communication with additional rules concerning the simplified procedure for certain types of concentrations.
Who is a consumer? The dynamic approach to the concept of 'consumer' under the Brussels I Regulation On 25 January 2018, the European Court of Justice ("ECJ") rendered a preliminary ruling in a case between Austrian citizen Maximilian Schrems and online social network Facebook. The ruling is important for two reasons.
Exoneration clauses in commercial contracts: excluding indirect damage In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts in which liability for indirect damage is excluded.
The Netherlands' Budget Day 2022 On Tuesday 20 September 2022 (Budget Day; Prinsjesdag), the Dutch Ministry of Finance published the 2023 Tax Package (Belastingpakket) including the 2023 Tax Plan (Belastingplan).
Usufruct on rent payments: Dutch Supreme Court limits freedom of contract within property law A right of usufruct on a claim cannot be used to appropriate what is received through collection of that claim, as the Dutch Supreme Court ruled in its decision of 30 September 2022 (ECLI:NL:HR:2022:1331).
Preventieve zorgplicht uit artikel 13 Wbb vereist niet dat bodemverontreiniging in het geheel voorkomen dient te worden Op grond van artikel 13 van de Wet bodembescherming (Wbb) geldt er een algemene zorgplicht die verplicht om bij (dreigende) bodemverontreiniging alle maatregelen te nemen die redelijkerwijs gevergd kunnen worden.
Gotta catch ‘em all? Upward referral of ‘killer acquisitions’ upheld Companies involved in intended or completed M&A transactions falling below EU and national merger notification thresholds should beware that their deals may still catch the European Commission’s eye.
Unauthorized representation: commitment of the principal to the agreement In Dutch commercial legal practice, contracting parties frequently act as representatives of a company.
EU institutions agree on Corporate Sustainability Due Diligence Directive: what to expect? On 14 December 2023, the Council of the European Union and the European Parliament agreed on a compromise text for the Corporate Sustainability Due Diligence Directive (“CSDDD”).