European Legal News

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 ...

April 13, 2017 - Which court has jurisdiction in case of termination of an orally agreed distributor agreement

A French party has been distributing Italian foodstuffs in France for an Italian supplier for more than 25 years. The parties never documented their agreements in a (written) distributor agreement, nor did they ever agree on exclusivity (agreement that the distributor may exclusively sell the supplier?s products in a specific ...

April 10, 2017 - Ladder for sustainable urbanisation: relativity, offices, events and correction to 8:69a Awb

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:671), the Division gives an opinion on a zoning plan that provides for five sub-plans zoned for ?Mixed use?. The planning regime in force prior to that consisted of a detailed zoning plan that was not realised due to a change in the ...

April 7, 2017 - The minimum mandatory dividend: article 348 bis of the Spanish Corporate Enterprises Act

Article 348 bis of the Corporate Enterprises Act entered once again into force on January 1st, 2017. Its reactivation implies the possibility for companies? shareholders to request the distribution of, at least, one third of the legally distributable profits arising from the company?s main business activities and, if this distribution ...

April 6, 2017 - New urban development; further developments

In a judgment dated 15 March 2017 (ECLI:NL:RVS:2017:694), the Administrative Law Division of the Council of State gave an interesting decision concerning the sustainable urbanisation ladder and the requirements stipulated for the need for a development. Several building supply stores and the owner of a nearby industrial park argued in ...

April 3, 2017 - Reliance on third parties: how, what, when

Ever since the Siemens and Holst Italia judgements it has been a procurement law certainty that tenderers can rely on third parties for eligibility requirements for example. And although after the high-profile ruling of the Court in Interlocutory Proceedings in Arnhem in 2009, we thought that the doctrine was fully ...

March 30, 2017 - Award criteria: best price-quality ratio versus lowest price

The award criteria determine to which tenderer the contract will be awarded in a particular tendering procedure. Price is often an important sub-criterion for award in practice, but award based on the lowest price is not permitted in principle. What is actually the situation with award based on best price-quality ...

March 28, 2017 - Bearer shares at the NV a thing of the past

The Netherlands has two types of capital companies: the NV (public limited company) and the BV (private limited company). One major difference between the two company forms has to with the shares. The introduction of the flex BV (Flex Private Limited Company) has diminished the differences in this area. The ...

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 ...