European Legal News

June 22, 2017 - Satisfaction with personal injury claims handling

Recently, outgoing minister Blok (Safety and Justice) answered Parliamentary Questions by member Van Nispen (SP) on the stance of insurance companies to personal injury claims. In his answers, the minister referred to the Code of Conduct for Handling Personal Injury Claims [Gedragscode Behandeling Letselschade (GBL)] and indicated that it functions ...

June 21, 2017 - Legal professional privilege: does it exist when there are criminal investigations

There are two types of legal professional privilege (?LPP?): Legal advice privilege ? which arises in relation to the giving or receiving of legal advice that is confidential; and Litigation privilege ? which arises when confidential communications between legal advisers, clients and their third parties arise, provided that they are ...

June 20, 2017 - Portrait rights around the bend; Max Verstappen lookalike not punished

Max Verstappen has been unable to levy an attachment in connection with a promotional film by online delivery service Picnic. It shows a lookalike of him, re-enacting the Jumbo advertisement. He demanded 350,000 euros. The attachment was also requested up to this amount. The Appeal Court of Amsterdam rejected this. ...

June 19, 2017 - Corporations: registration of documents granted by attorneys that are not registered

It is well-known that, in the field of representation of mercantile companies, the general powers are obligated to be inscribed in a sheet that is open to every company in the Mercantile Registry and that, when it comes to special powers, their inscription is optional (ex art. 94.1. 5 of ...

June 16, 2017 - Proving Effective Communication With Deaf Patients

When accommodating a deaf patient, what evidence proves effective communication under Title III of the Americans with Disability Act (?ADA?) and Section 504 of the Rehabilitation Act (?RA?) of 1973? A new Eleventh Circuit case [here] declares that the correct standard examines whether the deaf patient experienced an impairment in ...

June 15, 2017 - Whats at Stake When Governments Data Is Stolen

In an article for Governing, Goldberg Segalla?s Shannon T. O’Connor explains some of the costs ? both tangible and intangible ? of data breaches within government offices. Shannon, an associate in the Municipal and Governmental Liability Practice Group, details several noteworthy cases of government data breaches, including one in which ...

June 14, 2017 - Right of the works council to be consulted applies in principle during liquidation

The right of the works council to be consulted does in principle apply in the situation where a company has been declared insolvent. In the event of a continuation or restart of a company, the liquidator shall in principle have to give the works council the opportunity to express itself ...

June 12, 2017 - Facebook fined for misleading information in relation to WhatsApp takeover

The European Commission has fined Facebook 110 million euros for providing inaccurate or misleading information in relation to the takeover of WhatsApp. This hefty fine illustrates the importance of providing accurate and complete information in the context of notifying the Commission of a merger or acquisition. When giving notice of ...

June 9, 2017 - Wearables and Wellness: Considerations for Connected Employers

Wearable devices such as smart watches and fitness trackers have become increasingly popular as the technology matures and the devices become more affordable. Many forward-thinking employers, with an eye towards controlling health costs, have implemented or are considering implementing wellness programs that use wearable devices to track employee fitness and ...

June 8, 2017 - Sustainable urbanisation ladder: qualitative need is not sufficient to rule out unacceptable vacancy

In a ruling of 17 May 2017 (ECLI:NL:RVS:2017:1309) a zoning plan which included an XL supermarket failed. No investigation had been carried out into other, realistic spatial planning options for a supermarket. The conclusion of the report, that there is a qualitative need and that on this basis it is ...

June 6, 2017 - Relativity requirement and the Water Act

In a ruling of 25 April 2017 (ECLI:NL:RBMNE:2017:2109) the relativity principle was tested in an appeal against a water permit for a hydropower station. The reliance of the appellant competitor on the equality principle was not successful. Relativity The Minister argued that the norms on which the appellant anglers rely ...

May 26, 2017 - To what extent are companies allowed to imitate products A new general ruling from the Dutch Supreme Court

In the Netherlands, all products and their packaging, in some circumstances, are in principle protected against ?slavish? imitation. Now, the Dutch Supreme Court has explained – in a case involving jewellery – which conditions the claimant must meet if he wants claim this type of protection successfully. Criteria for slavish ...

May 24, 2017 - Do you have to part company with your IT provider after a data leak And is it even possible

After you?ve had a serious data leak at your IT provider, you have to evaluate the issue. In the process, the question of whether your data is still in safe hands at that provider will be raised. You?ll be wondering whether it?s possible to get out of the contract that ...

May 22, 2017 - Compensation for providing a service of public interest does not lead to state aid problems

A subsidy scheme launched by the minister for Health, Welfare and Sport for carrying out non-invasive prenatal tests (NIPTs) came into effect on 1 April 2017. Under this subsidy scheme, most of the expenses incurred for NIPTs for pregnant women will be compensated, provided these tests are taken at a ...

May 18, 2017 - The ladder for sustainable urbanisation: a step lower as regards the new urban development element

In a previous contribution?I referred to a decision dated 15 March 2017 (ECLI:NL:RVS:2017:694) in correlation with a decision dated 20 April 2016 (ECLI:NL:RVS:2016:1075). In these two decisions, the Administrative Jurisdiction Division of the Council of State (ABRvS) held that, when assessing whether new urban development is involved, account must be ...

May 15, 2017 - Hefty fine for infringing housing regulations

Last year, the Municipality of Amsterdam tightened up the regulations for renting residential accommodation via websites like Airbnb. For instance, under the tighter policy, residential accommodation may only be rented by the main occupant, for not more than 60 days per calendar year and to a maximum of four people. ...

May 9, 2017 - Following long debates: the government enacts the law promoting transparency in remuneration structures

Following the introduction of the statutory minimum wage (01/01/2015), the additional parental benefits (01/01/2015) and the gender balance for management positions (01/01/2016), which also serve to reduce the differences in remuneration between women and men, it is now the intention that an act promoting transparency in remuneration structures (EntgTranspG) will ...

May 4, 2017 - Combination of minor exemptions [kruimelgevallen] in planning matters is possible

It is commonplace for a proposed project to be contrary to the applicable zoning plan or applicable management by-laws. In these cases, there are three options to depart from this zoning plan or these by-laws with an integrated environmental permit. One of these options is the so-called minor exemptions scheme ...

May 2, 2017 - Methods of industrial action in Germany

To what methods of industrial action do employers and employees actually have access under German law, and what developments are currently relevant in Germany in this context? It should be noted that there have been an increasing number of strikes in Germany in recent years. Added to this is the ...

May 1, 2017 - Combination of minor exemptions list elements [kruimelgevallenlijst] in support of office space

Some time has now passed since the minor exemptions list was expanded on 1 November 2014 by means of the Crisis and Recovery Act Decree [Besluit Crisis- en herstelwet] (Bulletin of Acts and Decrees 2014, 333). In a ruling of 22 March 2017 (ECLI:NL:RVS:2017:744), the Administrative Jurisdiction Division of the ...

April 26, 2017 - The beneficial owner of a legal entity Novelization of the Czech AML Act (part two)

In this article we continue to bring deeper insight into the new legislation of the beneficial owner of a legal entity in the Czech Republic introduced by the novelization of the Act. No. 253/2008 Coll., on the prevention of money laundering and terrorist financing (?the AML Act?), which became effective ...

April 25, 2017 - The beneficial owner of a legal entity Novelization of the Czech AML Act (part one)

This article is focused on the new legislation of the beneficial owner of a legal entity in the Czech Republic, which was brought by the novelization of the Act. No. 253/2008 Coll., on the prevention of money laundering and terrorist financing (?the AML Act?) and became effective as of 1st ...

April 21, 2017 - Reliance on limitation period remains possible in asbestos cases

On 24 March 2017, the Supreme Court (?Hoge Raad?) ended the debate on the impact of the Moor/Switzerland ruling on the Dutch absolute prescription period in proceedings concerning compensations in connection with an asbestos-related illness (usually Mesothelioma) by means of its ruling in the Maersk case. The Supreme Court held ...

April 20, 2017 - A great deal of value is attached to the Inspection Report drawn up by inspectors, but evidence to the contrary is possible!

The decision of the Trade and Industry Appeals Tribunal (Cbb) dated 28 February 2017 discussed the evidential value of an inspection report. It is generally assumed that an inspection report drawn up by an inspector of the Netherlands Food and Consumer Product Safety Authority (NVWA) is correct. However, evidence to ...

April 19, 2017 - The Dutch Supreme Court on the commencement of the short prescription period: awareness of the possible role of the party responsible for the damage is not (always) sufficient certainty pursuant to Article 3:310 paragraph 1 of the Dutch Civil Code

The Supreme Court rendered an opinion in its ruling dated 31 March 2017 (ECLI:NL:HR:2017:552) concerning the moment the short prescription period provided for in Article 3:310 paragraph 1 of the Dutch Civil Code commences. The Supreme Court ruled in particular on the question when an injured party may be considered ...