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REAL PROPERTY

When Is a Building Delivered? UAV 1989 Is Clearer than the Civil Code
One of a builder's main obligations is to deliver the work he contracted for within the agreed term. Delivery is making the work available to the client after having completed the work. There is only delivery when the work is accepted by the client. Section 7:758 of the Dutch Civil Code ("BW") sets out the rules regarding delivery. read more

INTELLECTUAL PROPERTY

After Europolis Comes Eurohypo
Recently, the European Court of Justice (ECJ) has added its Eurohypo judgment to the already extensive case law on descriptive word combinations. In this decision the ECJ defines its position as to the dividing line between the various absolute grounds for refusal. read more

The Endstra Tapes Part III
Dutch Supreme Court Does not End Discussion on Copyright Protectability of Back Seat Conversations. read more

INFORMATION TECHNOLOGY

Boundaries Third-Party Prejudgment Attachment of Evidence
The purpose of the attachment of evidence described in Sections 1019b and 1019c of the Dutch Code of Civil Procedure ("Rv") is to protect relevant evidence in connection with an alleged infringement of intellectual property rights. But does the attachment of evidence extend to third-party attachment of evidence of third parties that have not been heard? "No," says the Court of Arnhem in preliminary relief proceedings in its decision of 3 April 2008. read more

MEDIA

ISP Not Obliged to Remove Accusation Against Government in Absence of a Court Verdict
A-Group is a dealer in second-hand cars. One of its partners - "X" - is an asylum seeker from Africa who has exhausted all legal means. A-Group received a number of tax assessments from the Dutch Tax and Customs Administration over 2004 through 2007. On the basis of comments made by X, the Tax and Customs Administration suspected that it would not be able to collect the tax assessments and made an accelerated collection. read more

EMPLOYMENT

Liability for Damages of the Employee who is Summarily Dismissed
Summary dismissal is subject to strict requirements in order to be valid. Firstly, the dismissal must be based on an urgent reason. Secondly, the dismissal must be immediate. This means that the dismissal must take place very soon after the reason for dismissal has occurred, while the employee must simultaneously be informed of the reason for the dismissal. So the summary dismissal of an employee is not without risks for the employer. On the other hand, if there are good grounds for the dismissal, the employee becomes liable for damages towards the employer. read more

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