Newsletter July 2007
EMPLOYMENT
Extra Vacation Days for Older Employees Sometimes
Allowed
On 14 June 2006 the Equal Treatment Commission
(Commissie Gelijke Behandeling ("CGB")) held
that schemes for senior employees, which are in line with an
age-conscious human resources policy, may be objectively justified
for specific position categories.
read more
ENVIRONMENTAL AND
CITY PLANNING
Impediments under Public Law Recently Registered
The Disclosure of Impediments for Immovable Property
under Public Law Act (Wet Kenbaarheid publiekrechtelijke
beperkingen onroerende zaken ("Wkpboz")) obliges
municipalities to register all impediments under public law
connected with an immovable property. The Act offers private
parties an important tool to avoid unpleasant surprises after the
acquisition of an immovable
property.
read more
INFORMATION
TECHNOLOGY
How a Telephone Conversation Can
Lead to a Dismissal
On 15 February 2007 the Subdistrict Court of Breda
ruled that the playing of a surreptitious recording of a telephone
conversation between an employer and an employee at a court hearing
does not constitute a violation of Article 8 of the European
Convention on Human Rights ("ECHR").
read more
INTELLECTUAL
PROPERTY
Back to the Overall Impression
The European Court of Justice ("ECJ") has
rendered judgment in an opposition case against a figurative trade
mark regarding the Italian aperitif Limoncello. In this judgment,
the ECJ has emphasized the importance of the overall impression
when comparing trademarks.
read more
Breakthrough in Legoland
The Court of 's-Hertogenbosch has ruled that
the imitation of a Lego brick may be justified under certain
circumstances.
read more
Possibility to Impose an Order in IP-Cases Without
Summoning the Defendant
The Court of The Hague has applied the new Section
1019e of the Dutch Code of Civil Procedure for the first time,
which offers claimants in intellectual property cases the
opportunity to request an ex parte order.
read more
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