70 results Webinar Sustainability Reporting: impact of the CSRD The European Sustainability Reporting Standards (ESRS) will be submitted to the European Commission on 23 November 2022 – a milestone for sustainability reporting. Good things are worth waiting for: new law amendments in force for companies in difficulty The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”. Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts. Overheidsaansprakelijkheid: claims tegen de overheid In deze aflevering van Stibbe Legal Insights duiken we met Tijn Kortmann en Branda Katan in het overheidsaansprakelijkheidsrecht. Wat gebeurt er wanneer de overheid verantwoordelijk wordt gehouden voor schade geleden door burgers? Zafar Shaikhli Junior Associate Amsterdam Nicolas Pradel Senior Associate Luxembourg Benjamin Marthoz Counsel Luxembourg Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] Certain legal aspects of the corona crisis for the Dutch construction and rental industry The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments. Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans Termination clauses in agreements and Dutch standards of reasonableness and fairness How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such. Stibbe represented parties from the advertising industry against an opt-in system for unaddressed advertising material Stibbe represented parties from the advertising industry in proceedings against the municipality of Amsterdam. Stibbe represents Norsk Hydro in ESG-related mass damages claims Stibbe is representing Norsk Hydro, the world's leading aluminium and renewable energy company, in a series of mass damage claims. Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief. Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Webinar Sustainability Reporting: impact of the CSRD The European Sustainability Reporting Standards (ESRS) will be submitted to the European Commission on 23 November 2022 – a milestone for sustainability reporting.
Good things are worth waiting for: new law amendments in force for companies in difficulty The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”.
Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.
Overheidsaansprakelijkheid: claims tegen de overheid In deze aflevering van Stibbe Legal Insights duiken we met Tijn Kortmann en Branda Katan in het overheidsaansprakelijkheidsrecht. Wat gebeurt er wanneer de overheid verantwoordelijk wordt gehouden voor schade geleden door burgers?
Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]
Certain legal aspects of the corona crisis for the Dutch construction and rental industry The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments.
Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans
Termination clauses in agreements and Dutch standards of reasonableness and fairness How can a party terminate an agreement? With the exception of certain specific agreements (i.e. employment or rent), the Dutch Civil Code (DCC) does not provide rules on termination as such.
Stibbe represented parties from the advertising industry against an opt-in system for unaddressed advertising material Stibbe represented parties from the advertising industry in proceedings against the municipality of Amsterdam.
Stibbe represents Norsk Hydro in ESG-related mass damages claims Stibbe is representing Norsk Hydro, the world's leading aluminium and renewable energy company, in a series of mass damage claims.
Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief.
Legislative proposal for mass damages claims approved by the Dutch House of Representatives On 29 January 2019, the Dutch House of Representatives approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). This proposal aims to amend article 3:305a DCC to enable collective
Legislative proposal on mass damages claims approved by the Dutch Senate On 19 March 2019, the Dutch Senate approved the legislative proposal that introduces collective actions for damages under article 3:305a of the Dutch Civil Code (DCC). As the legislative proposal did not give rise to any debate in the Senate, it was passe
Claims assigned to a litigation vehicle: who needs to prove what? Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.