Newsletter April 2009
MEDIA
Media Report - Legal Weblog for the Media
Kennedy Van der Laan Media Team starts new weblog:
Media
Report.
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ECHR Verdict Against Right of
Non-Disclosure of Dutch Magazine
The European Court of Human Rights has rendered another judgment
in a case against the Netherlands. About the journalistic right of
non-disclosure and an illegal street race in Hoorn that ended in
the Court in Strasbourg.
read more
Virtual Pillories and the Hyperlink as
Processing of Personal Data
The publication of personal data of alleged paedophiles on the
website stopkindersex.com, as well as the publication of a
hyperlink to foreign websites where such data can be found, is in
conflict with the Dutch Personal Data Protection Act (PDPA).
read more
INTELLECTUAL
PROPERTY
Court of Appeal of The Hague Rules on
Teletubbies
Court of Appeal of The Hague has ruled that the TELETUBBIES
trademark is used and protected for merchandising articles.
read more
EU and COMPETITION -
ANTI-TRUST
Merger in the Healthcare Sector: NMa Accepts Efficiency
Defense
Dutch Competition Authority accepts merger between
hospitals in the Province of Zeeland because of quality reasons,
despite a restriction of competition.
read more
EMPLOYMENT
Parental Leave
A female employee expressed her wish to take parental leave one
day per week. Her employer's reaction was that in that case she
would no longer be allowed to work in her own job. Does an employer
have the right to do this?
read more
Works Council Members Bear Costs of Legal
Proceedings
After a transfer of a concession in public transport a dispute has
arisen about the status of the Works Council of the former
concession holder. The Subdistrict Court has ruled that the Works
Council ceased to exist after the transfer of concession. Do the
members of the (former) Works Council have to bear the costs of
these proceedings themselves?
read more
Subdistrict Courts Formula Applied or Not
in Cases of Manifestly Unfair Dismissal?
The Subdistrict Courts Formula was designed to be used in
rescission proceedings before the Subdistrict Court. Opinions
differ on the question whether this formula may also be used in
proceedings based on manifestly unfair dismissal. On 14 October
2008 the Court of Appeal of The Hague ruled in seven judgments that
the Subdistrict Courts Formula should also be taken as a standard
in manifestly unfair dismissal proceedings, albeit reduced by 30%.
read more
CORPORATE
Attention Creditors! Collecting Claims Made Easier in
Europe
Good news for Dutch entrepreneurs having a monetary claim
against a debtor in a Member State of the European Union. The EC
Regulation creating a European order for payment opens a swift,
easy and cheap way for Dutch creditors to collect undisputed
monetary claims against debtors in foreign countries.
read more
Credit Rating Agencies under
tethers?
Credit rating Agencies ("CRAs"), such as Moody's,
Standard & Poor's, and Fitch, make part of the core
framework of the capital markets. Their role has traditionally been
that of opinion givers concerning the creditworthiness of
particular obligors and their securities.
read more