Newsletter July 2008
CORPORATE
Trade Registers Act 2007 and Trade Registers Decree 2008
in Force since 1 July 2008
Until 31 December 2009 partnerships, professionals
conducting a business, such as lawyers, notaries and medical
doctors, sole proprietorships in the field of agriculture and
fisheries, legal entities governed by public law (e.g. the State),
associations of owners-occupiers and religious communities must be
registered in the trade register. The trade register number must
from now on be mentioned not only on the websites, but also under
e-mails. From now on, an instruction to register may be given at
any Chamber of Commerce.
read more
EMPLOYMENT
Relationship Temp Agency and Recipient in the Event of
Damage Caused by Temps
If temps cause damage to the recipient by a faulty
performance of their work, the question arises whether the temp
agency is responsible for such damage. On 4 March 2008 the Court of
Appeal in 's-Hertogenbosch has answered this question
negatively.
read more
ENVIRONMENTAL and CITY
PLANNING
New Spatial Planning Act (2): The Zoning Plan
In the Newsletter of June 2008 a brief overview was given of the
main changes the new Spatial Planning Act (Wet op de
ruimtelijke ordening, "Wro") entails. This month we
look extensively at the consequences for zoning plans as a result
of the new Wro and the new Spatial Planning Decree (Besluit op
de ruimtelijke ordening, " Bro").
read more
EU and COMPETITION -
ANTI-TRUST
Compensation for Victims of Infringement of Competition
Rules Made Easier: The Commission Takes the Lead
Regularly, competition authorities impose substantial penalties on
infringers of competition law. Businesses and consumers may also
claim compensation for damages suffered as a result of these
infringements. New recommendations of the European Commission
attempt to simplify this procedure. Recently, the Commission set
the example by claiming damages from participants of an elevator
cartel in the role of a victim.
read more
INTELLECTUAL
PROPERTY
Make Way for Comparative Advertising!
When there is no likelihood of confusion, a trademark owner cannot
take action against the use of his trademark in comparative
advertising.
read more
Illegal Private Copy Subject to Change?
On 25 June 2008 the Court of The Hague seems to
have put an end to the legal downloading of unauthorized copies of
copyright-protected works for own use. According to the Court,
Section 16c of the Copyright Act (CA), which, inter alia, made
illegal copying for own use of copyright-protected material
possible under circumstances, is in conflict with the three-step
test of Article 5.5 of the Copyright Directive. Thus, the Court
opposes the point of view of the legislator.
read more
MEDIA
Bill for Multimedia Act Adopted by Lower House of
Parliament
The Dutch Lower House of Parliament has agreed to amend the
public service remit and to relax the advertising rules for
commercial channels.
read more
Reporting on Alleged Prostitution Past of
'Vanessa' Unlawful
Last year the entertainment website ZIJonline.nl published an
article in which Dutch celebrity Connie Breukhoven, formerly also
known as Vanessa, was accused of having had a prostitution past.
For Breukhoven this publication was a reason to summon ZIJonline.nl
to appear in preliminary relief proceedings.
read more