Newsletter January 2011
BANKING AND
FINANCE
Consumer Credit Directive Implemented in the
Netherlands: Important consequences for Suppliers of Consumer
Credit
On 21 December 2010 the bill to implement the Consumer Credit
Directive (2008/48/EC) was adopted by the Dutch Lower House of
Parliament. The implementation of the Consumer Credit Directive has
consequences for suppliers of consumer credit (hereinafter:
“creditors”). The scope of existing legislation is extended,
terminology is adjusted and the rules with respect to
advertisements, the test of creditworthiness and the
pre-contractual obligation to provide information are being
tightened.
read on..
CORPORATE AND
ENVIRONMENTAL AND CITY PLANNING
Constitutional Reform of the Netherlands
Antilles
The constitutional reform of the Netherlands Antilles as of 10
October 2010 has required significant changes to applicable
legislation as well as the adoption of new laws.
read on..
EMPLOYMENT
Consequences of Unemployment Benefit for Severance
Payment to Older Employees
If two parties separate, the employee is often given severance
payment in compensation. The Association of Subdistrict Court
Judges recommends as a starting point that for older employees, the
severance payment should not exceed the income they will lose until
their retirement date. Should a possible unemployment benefit be
taken into account when fixing a severance payment?
read on..
Summary Dismissal Because of Criminal
Conviction
If an employee is taken into detention and can therefore not do his
work anymore, the question may arise whether the employer has the
right to summarily dismiss this employee. The Dutch Supreme Court
has recently adjudicated the question of whether absence from work
as a result of an irrevocable criminal conviction constitutes an
urgent reason for summary dismissal.
read on..
INFORMATION
TECHNOLOGY
Clarification of jurisdiction rules regarding service
offered to consumers via the internet
In order to determine whether a trader can be considered to be
directing its activity to the country of the consumer’s domicile -
thus conferring jurisdiction for consumers upon the courts of that
country - it has to be apparent from the website and the overall
activity of the trader that he was envisaging doing business with
consumers domiciled in one or more countries other than the country
where he is established.
read on..
INTELLECTUAL
PROPERTY
No (Exotic) Protection of a Lapsed Trademark
Since the major part of Benelux trademark law has
been harmonized in Europe, only a modest task remains for the
Benelux Court of Justice. At the end of 2010 this Court of Justice
produced its second trademark judgment of the year. In the judgment
the Court discussed whether the holder of a lapsed trademark may
nevertheless invoke protection under the Paris Convention.
read on..
INTERNET AND
E-COMMERCE
Provision of Name and Address Details by an ISP
When should an ISP comply with a request to provide the name and
address details of a subscriber? The Court of Appeal has weighed
the interests of the ISP (the privacy of subscribers, its own
reputation, the costs) against the interest of impleading a
subscriber of the ISP, for which purpose his address is required.
read on..
MEDIA
Court of Amsterdam: Parool Was Allowed to Depict Suspect
Rex Van P. Recognizably
Amsterdam Court Rules on Image Rights of Suspects and Convicted
Criminals – Parool / Rex Van P.
read on..
REAL
PROPERTY
Strict Application of Penalty Clauses in Leases
Whereas in the past Subdistrict Courts were often inclined to
mitigate penalties contractually agreed in agreements or leases, in
recent years the freedom of judges to mitigate penalties has been
restricted considerably. This is a reason for both lessors and
lessees to pay serious attention to penalty clauses in leases and
any general terms and conditions applicable thereto.
read on..