Newsletter January 2010
CONSUMER
LAW
New Rules for Tacit Extension and Termination of Subscriptions and
Other (Consumer) Contracts
Pursuant to a bill still pending before the Senate,
the tacit extension of consumer contracts, as a result of which
consumers are in practice often bound for another year, will cease
to exist. The right of consumers to terminate will also be
extended. In this article we will briefly analyze the changes in
order to give businesses the opportunity to already examine the
impact of these new rules on their business operations.
read on...
EMPLOYMENT
Violation of SER Merger Code. Trade Unions Notified Too Late
In a merger, the parties to the merger first
notified the Works Council and the staff of the merger and only
then the trade unions. The trade unions argued that on the basis of
the SER Merger Code 2000 they had the right to express their views
about the intended merger earlier. They applied to the Merger Code
Adjudication Committee.
read on...
No ABC or XYZ in Cases of Manifestly Unreasonable
Dismissal
The Dutch Supreme Court has ruled that the application of a
standard formula (such as the Subdistrict Courts Formula) when
calculating compensation in cases of manifestly unreasonable
dismissal is not allowed. How should this compensation actually be
determined?
read on...
Accrual of Holidays During Sickness
In January 2009 the European Court of Justice determined that Dutch
legislation concerning the limited accrual of holidays during
sickness is contrary to European legislation. Meanwhile, the first
employees have invoked the judgment of the European Court of
Justice before the Dutch courts, with varying success.
read on...
EU AND COMPETITION -
ANTI-TRUST
Commitment Decision after Patent Ambush
In a recent decision, the European Commission held that the
commitments of the technology licensing company Rambus are adequate
to address the competition concerns found earlier. The commitments
were made on the basis of the preliminary view of the Commission
that Rambus had engaged in a "patent ambush". This
decision will be discussed in this article. I will also briefly
discuss the renumbering of Articles 81 and 82, inter alia,
of the EC Treaty.
read on...
INTELLECTUAL
PROPERTY
Analysis of Makro/Diesel Judgement
The Oxford Journal of Intellectual Property Law and Practice has in
its latest edition published an analysis of the ECJ judgement
Makro/Diesel by Maarten Schut, partner of our Intellectual Property
and Media group.
read on...
MEDIA
State Secretary Forced to Rectify Remark in De Wereld
Draait Door
A discussion of the judgment of the Court of The Hague in
preliminary relief proceedings dated 20 November 2009.
read on...
Search of Premises at Activist Magazine Ravage:
State Wins After All
In 1996, criminal investigators raided the activist
magazine Ravage in Amsterdam, prompted by a claim letter
Ravage had received about a bomb attack. At the end of
2009, Ravage reported that after more than twelve years of
litigation the battle about the lawfulness of the search had been
decided in favor of the State.
read on...
PUBLIC
PROCUREMENT
New Threshold Values for Public Contracts
The European Commission has determined the new threshold values for
public contracts once again for the next two years. This article
provides an overview of the new threshold values.
read on...
The Implementation of Judicial
Protection Public Procurement Directives Act (Wet implementatie
rechtsbeschermingsrichtlijnen aanbesteden - WIRA)
The implementation of the European Judicial Protection Public
Procurement Directive intends to improve and clarify public
procurement law enforcement. The Act introduces, amongst other
things, new possibilities to cancel contracts that have been
concluded in conflict with public procurement law.
read on...
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