Bill for a Directorship Disqualification Order under Civil Law: Political Posturing or a Real Weapon against Bankruptcy Fraud?
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Obligatory insurance of employers against traffic accidents
More and more employees are holding their employer liable for damage sustained in the course of their job. Damage can be sustained in different situations: on the workfloor or during a staff outing, but also in traffic that employees participate in within the context of their job. Some important judgments have been rendered in recent years, particularly in relation to the third of these situations. In this newsflash we take a closer look at the employer’s liability when an employee is involved in a traffic accident. Just how far does this liability extend?
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Client Update: Shareholder disputes
In the wake of the economic downturn we have seen an increase in shareholder disputes as joint venture results drop and often further investments are required. Dutch law provides for various effective measures to deal with shareholder disputes. This update addresses four main measures: inquiry proceedings (enquêteprocedure), summary proceedings, statutory shareholder dispute settlement proceedings (geschillenregeling) and squeeze-out proceedings.
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Groundbreaking judgment on cartel damages in the Netherlands
For the first time a Dutch court has held a cartel member liable towards its direct purchaser for damages caused by a cartel that was sanctioned by the European Commission (EC). The court deems it sufficiently plausible that the direct purchaser suffered damages as a consequence of the cartel.
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Since 1 January 2013 much heavier penalties have been in force for violations of the Foreign Nationals Employment Act [1] The fine for employing illegal workers has been raised by 50%, from €8,000 to €12,000 per employee. Businesses that commit repeated violations face closure for up to three months. The Cabinet also wants to tighten the conditions under which non-EU nationals can work legally in the Netherlands and submitted an amendment proposal for the Wav to the House of Representatives for this purpose last year.
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The article gives a brief overview of the new powers granted to the Dutch regulatory authorities under the new Intervention Act. Counterparties contracting with Dutch banks and insurers may have to reconsider their transaction structures and documentation to address the implications of this new legislation.
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Advertisement regulation and enforcement in the Netherlands is expressed in a wide range of statutory and selfregulatory rules and regulations, all relating to commercial communication. The Dutch Civil Code ( het Burgerlijk Wetboek or BW), for example, includes rules and regulations regarding misleading and comparative advertising. Furthermore it prohibits the sale of goods and services under unfair trading practices. However, most rules on advertising are widely spread over several specific and topic-related laws, which will be discussed in this article.
Source: http://www.AtoZWorldBusiness.com
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A Q&A guide to corporate governance law in The Netherlands. The Q&A is part of the PLC multi-jurisdictional guide to corporate governance law.
Source/Author: PLC Corporate Governance and Directors' Duties: The Netherlands / Cars-Jan van Gool, Casper Haket, Tim Carapiet
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This article deals with two situations that occur frequently in connection with a transfer of undertaking, namely: i) dismissal of personnel and ii) harmonisation of employment conditions.
Source/Author: Inhous Lawyer December 2012 / January 2013 / Epke Spijkerman
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Last year the authors set out the framework for private antitrust litigation in Europe by taking a comparative look at the law in Germany, England, and the Netherlands. This article serves to complement last year’s submission by highlighting the key developments over the past twelve months in those same jurisdictions.
Source: Journal of European Competition Law & Practice, 2012 nr. 6
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