Newsletter June 2010
EMPLOYMENT
Concept of 'Working for the Undertaking' of the
WOR
When does the membership of a Works Council member end? And is a
Works Council member actually still working for the undertaking if
he or she takes leave for more than a year and next leaves the
employment? Recently, the Court of Amsterdam, Subdistrict section,
expressed an opinion on this matter.
read on…
Bonus after Pregnancy?
Can an employer cut back on the bonus of a pregnant employee? The
Court of Appeal of Arnhem concluded - as opposed to the opinions of
the Equal Treatment Commission and the Subdistrict Court of Utrecht
- that such a cutback is allowed and does not constitute forbidden
discrimination.
read on…
The New Work Costs Regime and Change of Employment
Conditions
As of 1 January 2011 employers may choose a different tax regime
with regard to payments and provisions to employees. If an employer
chooses to introduce the new "work costs regime", the
question arises whether he can change his employment conditions
unilaterally in order to prevent being confronted with an 80% final
levy.
read on…
EU AND COMPETITION -
ANTI-TRUST
Competition Law: New Exemption Decree Applicable in
Insurance Sector
The new Block Exemption Regulation of the European Commission for
certain agreements in the insurance sector (Regulation 267/2010:
the "Regulation") has recently entered into force. This
Regulation replaces a regulation from 2003. In this article we will
briefly discuss the main topics of the new Regulation and where it
differs from the old one.
read on…
INTELLECTUAL
PROPERTY
Trademark Right Is Not Exhausted With Regard to Products
For Demonstrations That Are Not For Sale
In the newsletter of February 2009 we have discussed a judgment of
the Court of The Hague in preliminary relief proceedings about the
question of whether the trademark proprietor could stop the trading
of perfume testers. This was denied by the Court in preliminary
relief proceedings because it was of the view that the rights of
the trademark proprietor had been exhausted. A similar case was
presented to the Court of Justice of the EU and the Court has opted
for a different approach resulting in an opposite outcome.
read on…
MEDIA
European Court of Human Rights: Conviction Le Pen for
Hate Speech was Justified - Dark Clouds Gathering over
Wilders?
The European Court of Human Rights has rendered judgment in
proceedings against the French State, instituted by Le Pen. In a
judgment that is also important for the case against Wilders, the
European Court has decided that Le Pen has gone beyond the
boundaries of the political debate permitted by using texts that
incite hatred and in which Muslims are placed directly opposite
'the French'. This is hate speech, according to the
European Court, and therefore not protected by the freedom of
expression.
read on…
Advertising Code Committee: Advertising Campaign
Trafigura on Probo Koala Affair Misleading
On 3 June 2010 the Advertising Code Committee ("RCC")
allowed a complaint from environmental organization Greenpeace
about an advertising campaign of the oil company Trafigura. The RCC
ruled that Trafigura had violated the rules of the Dutch
Advertising Code in this advertising campaign, which concerned the
Probo Koala affair.
read on…
Up to Dutch Court to Prohibit Online Games of Chance of
English Ladbrokes at Lotto's Request
De Lotto tries to keep online games of chance of Ladbrokes off the
Dutch market. The European Court of Justice expresses an opinion on
the Dutch restrictive gaming policy and whether it is contrary to
the free movement of services within Europe.
read on…
GeenStijl vs Nijmeegse Stadskrant: copying of interview
allowed with a reliance on the journalistic exception
The local newspaper of the Dutch town of Nijmegen, the Nijmeegse
Stadskrant, published an interview in which an alderman of Nijmegen
stated about the notorious interview between GeenStijl reporter
Rutger van Castricum and former Minister Ella Vogelaar: "I
would've just kicked the son of a bitch of GeenStijl in the
ass". Was GeenStijl allowed to copy the interview concerned
while relying on the journalistic exception?
read on…