European Legal News

March 24, 2017 - Novelization of the Czech Labour Law 2017 part two

In this article we bring insight into further changes introduced by the prepared novelization of the Act No. 262/2006 Coll., the Labour Code, which is currently being discussed by the Parliament of the Czech Republic and should become effective as of 1st July 2017 (except for provisions concerning annual leave, ...

March 23, 2017 - Supreme Court provides clarity on the term home in relation to transfer tax

The transfer of a home is taxed at a reduced transfer tax rate. The purchaser must pay 2% transfer tax on the value of the home whilst for other property this is in principle 6%. In practice, this has led to substantial discussions between a purchaser and the tax inspector ...

March 22, 2017 - Novelization of the Czech Labour Law 2017 part one

This article is focused on the most important changes of the prepared novelization of the Act No. 262/2006 Coll., the Labour Code, which is currently being discussed by the Czech Parliament. The novelization should become effective as of 1st July 2017; except for provisions concerning annual leave, which is scheduled ...

March 21, 2017 - Directors liability of a second-degree director: piercing the corporate veil 2.0

On 17 February 2017, the Supreme Court delivered an important judgement stating that Article 2:11 of the Dutch Civil Code (the piercing of the corporate veil liability to the natural person behind the legal person-director) applies in all cases where a legal person in its capacity of director is liable ...

March 16, 2017 - Professional liability lawyer, please pay attention to your case!

If a lawyer who actually carried out an instruction but who is not the contracting party of his client, is personally held liable on the basis of an unlawful act, the successful reliance on this does not require that he or she can be personally seriously blamed. Introduction ?This case ...

March 14, 2017 - Lost chance and medical liability: the Supreme Court expresses itself (for the first time)

Introduction In its Judgement of 23 December 2016, the Supreme Court expressed itself for the first time on the doctrine of lost chance in a medical liability case. The direct object was a child who, despite treatment by the Erasmus MC, became blind shortly after birth. After more than 13 ...

March 9, 2017 - Reasoned opinion of the European Commission against the fines charged in Spain for failure to fill the tax declaration on assets held abroad

After the claims filed in November, 2015, by foreigners residing in Spain, the European Commission has recently issued a reasoned opinion requesting Spain to change its rules on assets held in other EU or the European Economic Area (EEA) Member States (so-called “Modelo 720”), as the fines charged for failure ...

March 7, 2017 - Is it possible to ratify unauthorised representation

Title 3 of book 3 of the Dutch Civil Code (?BW?) contains provisions relating to the power of attorney. Article 3:69 BW determines that when someone has acted as the unauthorised representative of another, the latter can ratify this legal act, which means that the same result is realised as ...

March 3, 2017 - A banned substance in animal feed can be reason to impose an administrative fine

If the inspectors of the Netherlands Food and Consumer Product Safety Authority (NVWA) discover a banned substance in animal feed, the State Secretary of Economic Affairs, Netherlands Enterprise Authority (RVO) can impose an administrative fine on the basis of the Animals Act (Wet dieren). On the basis of sections 2.17 ...

February 28, 2017 - New Corporate Governance Code the most important changes

On 8 December 2016, the Corporate Governance Code Monitoring Committee (the ?Committee?), published the revised Corporate Governance Code (the ?Code?). The most important changes relate to the focus on long-term value creation and the introduction of culture as an element of good corporate governance. The Code has also been simplified ...

February 27, 2017 - Advertising rules for vloggers, influencers and human to human advertisement

It has been nearly 3 years since the Social Media Advertising Code was introduced. The code contains advertising rules for vloggers, influencers and human to human advertisements. Payment for content? According to the Dutch Advertising Code Foundation, it is sometimes unclear for consumers that companies pay for messages, blogs and ...

February 24, 2017 - District Court Rotterdam confirms the ACMs doctrine of imputability with investment funds

In his contribution to our knowledge pages, my colleague Sjaak van de Heul previously informed us that the ACM (Netherlands Authority for Consumers and Markets) had fined [ii] investment funds (investment firms or private equity) for breaches of the cartel prohibition by companies (flour producers) that were (indirectly) held by ...

February 23, 2017 - Moving towards the Netherlands Commercial Court

A next important step towards creating the Netherlands Commercial Court has been taken: on 16 December 2016, the Netherlands Commercial Court legislative proposal (with accompanying explanatory memorandum) was published as a consultation document. The term to respond, 1 February 2017, has now expired. It looks like we are progressing towards ...

February 17, 2017 - New responsibilities in personal data processing

The General Data Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter ?the Regulation?) aims at marking a turning point for several aspects of data protection in the European Union, among which we can stress out the liability of companies processing personal ...

February 16, 2017 - Unauthorised representation

A power of attorney is the authority granted by someone (the grantor) to another (the grantee) to carry out a legal act in his name, such as entering into an agreement for example. If subsequently it turns out that the agreement was entered into by someone who, although asserting to ...

February 15, 2017 - No transition payment for those who are AOW-entitled; possible age discrimination

On termination of an employment relationship having lasted longer than 24 months, the employee is in principle entitled to a transition payment. If the employee has reached state pension age (AOW-entitled), he or she is in principle not entitled to the transition payment on termination. The question is whether this ...

February 14, 2017 - Novelization of the Czech Civil Law part two

Novelization of the Business Corporation Act Novelization of the Business Corporation Act, i.e. the Act No. 458/2016 Coll. by which the Act No. 90/2012 Coll., the Business Corporation Act (?the BCA?) is amended, was published in Collection of Laws (Sb?rka z?kon?) on 30th December 2016 and became effective as of ...

February 13, 2017 - Novelization of the Czech Civil Law part one

Changes of the New Civil Code So-called technical novelization of the New Civil Code, i.e. the Act No. 460/2016 Coll., by which the Act No. 89/2012 Coll., the Civil Code (?the NCC?), is amended, was published in the Collection of Laws (Sb?rka z?kon?) on the 30th December 2016 and most ...

February 9, 2017 - The implied duty of good faith in commercial contracts and its impact on deferred consideration clauses in corporate sale and purchase agreements

Jurisdictions around the world (including in the United States, France, Germany and Holland) generally recognise, to some extent, the principle that contracting parties owe each other a duty of good faith in the performance of their contractual obligations. This piece will look at the differing approaches taken in several jurisdictions ...

February 6, 2017 - Carbon Offsets An Alternative In Reducing Greenhouse Gas Emissions

Forests in the United States naturally remove carbon dioxide during photosynthesis and sequester carbon by storing it in the trees, root systems and in the woody debris on the forest floor resulting in a reduction in the accumulation of greenhouse gas emissions. The sale of carbon offsets by forest landowners ...

February 3, 2017 - Does your Export Plan Take into Consideration Intellectual Property Protection

Deciding when to take a product or service to a foreign market is a difficult decision. The perceived opportunities presented by the latest hot market can be tempting for a company wanting to grow. However, exporting is not without risks and challenges. Many companies expand too early without an adequate ...

February 2, 2017 - Commercial Drone Insurance Now a Reality

As new Drone laws and regulations start coming into focus, the market for commercial drone insurance is also becoming more standardized and readily available. This is not surprising?and in some respects mirrors the development of auto insurance 125 years ago (the first auto insurance policies, written in the 1890s, were ...

February 1, 2017 - Landowners Have the Right to Appeal an Approved Jurisdictional Determination Under the Clean Water Act

U.S. Army Corps of Engineers v. Hawkes Co., 136 S. Ct. 1807 (2016). The U.S. Supreme Court held an “Approved Jurisdictional Determination” (“AJD”) is a “final agency action” because it is a definitive statement by the U.S. Army Corps of Engineers (“Corps”) as to its jurisdiction over a property, and ...

January 19, 2017 - Circular of the State Council on Several Measures concerning the Expansion of Opening-up and Active Use of Foreign Capital

On January 17th  2017, The State Council of China released the Circular of the State Council on Several Measures concerning the Expansion of Opening-up and Active Use of Foreign Capital, unveiling its...

January 16, 2017 - New public procurement in the Czech Republic part three

Our last article devoted to the new public procurement in the Czech Republic is concentrated on the possibilities how an economic operator may protect against illegal practices of the contracting authority during the public procurement procedure pursuant to the new law, which is embodied in the Act No. 134/2016 Coll., ...