83 results Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter]. Dutch Supreme Court decides against the pledgeability of non-transferable claims Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim. Digital Law Up(to)date: Display of advertising messages in electronic inbox similar to real emails constitutes unsolicited communication On 25 November 2021, the Court of Justice of the European Union ruled that the display in the electronic inbox of advertising messages in a form similar to real email constitutes an unsolicited communications. Online platforms and uploading of protected works: a priori no liability for operators of online platforms In a judgment dated 22 June 2021, the CJEU clarifies the liability framework of online platform operators when content protected by copyright is uploaded by platform users. Consumer law and online ‘order buttons’: Supreme Court takes strict approach with far-reaching consequences The Supreme Court ruled in two cases on the (in)clarity of the text on an order button for online purchases: several buttons did not make it sufficiently clear to consumers that they were entering into a payment obligation. Tax Alert: The Netherlands' Budget Day 2019: the impact of the Dutch 2020 Tax Package on international businesses On Tuesday 17 September 2019 (Prinsjesdag) the Dutch Ministry of Finance published the 2020 Tax Package (Belastingpakket) including the 2020 Tax Plan (Belastingplan), i.e. a set of legislative proposals amending the national tax laws for the upcoming year Tackling Big Tech up-front? Time to stop thinking and start acting Benelux competition authorities have published a joint memorandum on how best to keep up with challenges in fast-moving digital markets. 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. Negotiating a contract under conditions; subject to finance In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause. Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause. Revised policy concerning (1) fixed establishments in VAT groups and (2) transfer pricing On 5 July 2022, the Dutch State Secretary of Finance published an amendment to the decree on the Dutch value added tax ("VAT") treatment of fixed establishments (the "Decree"). EU Commission presents proposals for directives against shell entities and ensuring a global minimum level of taxation On 22 December 2021 the European Commission (hereinafter: ‘EC’) presented two legislative proposals for EU directives, one to introduce a global minimum corporate tax rate and one to target EU shell entities. The future of nuclear energy in the Netherlands On 1 July 2022, Minister Jetten for Climate and Energy informed the Lower House about the actions the government has taken to implement the coalition agreement in the area of nuclear energy. 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. Stibbe Partners named in A Word About Wind’s 2020 Legal Power List Stibbe is pleased to announce that Martin In de Braekt and Heleen Kersten (Stibbe Amsterdam) have been ranked in the A Word About Wind's (AWAW) 2020 Legal Power List, an independent publication of the 100 most influential lawyers (across in-house counsel Breaking news from the CJEU: no SPCs for new therapeutic applications On 9 July 2020, the Grand Chamber of the CJEU ruled on the interpretation of Article 3(d) of Regulation 469/2009 concerning the supplementary protection certificate (CCP) for medicinal products. COVID-19 update and Guidelines published on the Dutch implementation of DAC6 The EU Mandatory Disclosure Directive (“DAC6”), introducing a reporting requirement for intermediaries and/or taxpayers of certain cross-border arrangements that are perceived to be aggressive, is effective as of 1 July in the Netherlands. By his letter o Recent developments regarding (1) the tax treatment of W&I premiums and payouts; (2) the Dutch Supreme Court’s prejudicial questions following the CJEU Lexel ruling; and (3) the consultation on the modernization of Dutch partnerships On 18 October 2022, the Dutch State Secretary of Finance published a document regarding certain Dutch corporate income tax considerations in respect of premiums and payouts under a Warranties and Indemnities (W&I) insurance. Pagination Previous page Page 2 Current page 3 Page 4 Page 5 Next page
Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].
Dutch Supreme Court decides against the pledgeability of non-transferable claims Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim.
Digital Law Up(to)date: Display of advertising messages in electronic inbox similar to real emails constitutes unsolicited communication On 25 November 2021, the Court of Justice of the European Union ruled that the display in the electronic inbox of advertising messages in a form similar to real email constitutes an unsolicited communications.
Online platforms and uploading of protected works: a priori no liability for operators of online platforms In a judgment dated 22 June 2021, the CJEU clarifies the liability framework of online platform operators when content protected by copyright is uploaded by platform users.
Consumer law and online ‘order buttons’: Supreme Court takes strict approach with far-reaching consequences The Supreme Court ruled in two cases on the (in)clarity of the text on an order button for online purchases: several buttons did not make it sufficiently clear to consumers that they were entering into a payment obligation.
Tax Alert: The Netherlands' Budget Day 2019: the impact of the Dutch 2020 Tax Package on international businesses On Tuesday 17 September 2019 (Prinsjesdag) the Dutch Ministry of Finance published the 2020 Tax Package (Belastingpakket) including the 2020 Tax Plan (Belastingplan), i.e. a set of legislative proposals amending the national tax laws for the upcoming year
Tackling Big Tech up-front? Time to stop thinking and start acting Benelux competition authorities have published a joint memorandum on how best to keep up with challenges in fast-moving digital markets.
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.
Negotiating a contract under conditions; subject to finance In the pre-contractual phase, Dutch professional contracting parties often negotiate a financing arrangement clause or a “subject to finance” clause.
Negotiating a contract under conditions; subject to approval In Dutch legal practice, one of the most common conditions is the reservation of approval or the “subject to approval” clause.
Revised policy concerning (1) fixed establishments in VAT groups and (2) transfer pricing On 5 July 2022, the Dutch State Secretary of Finance published an amendment to the decree on the Dutch value added tax ("VAT") treatment of fixed establishments (the "Decree").
EU Commission presents proposals for directives against shell entities and ensuring a global minimum level of taxation On 22 December 2021 the European Commission (hereinafter: ‘EC’) presented two legislative proposals for EU directives, one to introduce a global minimum corporate tax rate and one to target EU shell entities.
The future of nuclear energy in the Netherlands On 1 July 2022, Minister Jetten for Climate and Energy informed the Lower House about the actions the government has taken to implement the coalition agreement in the area of nuclear energy.
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.
Stibbe Partners named in A Word About Wind’s 2020 Legal Power List Stibbe is pleased to announce that Martin In de Braekt and Heleen Kersten (Stibbe Amsterdam) have been ranked in the A Word About Wind's (AWAW) 2020 Legal Power List, an independent publication of the 100 most influential lawyers (across in-house counsel
Breaking news from the CJEU: no SPCs for new therapeutic applications On 9 July 2020, the Grand Chamber of the CJEU ruled on the interpretation of Article 3(d) of Regulation 469/2009 concerning the supplementary protection certificate (CCP) for medicinal products.
COVID-19 update and Guidelines published on the Dutch implementation of DAC6 The EU Mandatory Disclosure Directive (“DAC6”), introducing a reporting requirement for intermediaries and/or taxpayers of certain cross-border arrangements that are perceived to be aggressive, is effective as of 1 July in the Netherlands. By his letter o
Recent developments regarding (1) the tax treatment of W&I premiums and payouts; (2) the Dutch Supreme Court’s prejudicial questions following the CJEU Lexel ruling; and (3) the consultation on the modernization of Dutch partnerships On 18 October 2022, the Dutch State Secretary of Finance published a document regarding certain Dutch corporate income tax considerations in respect of premiums and payouts under a Warranties and Indemnities (W&I) insurance.