Newsletter March 2009
EMPLOYMENT
The Request for Advice and the Obligation to Provide
Information
Pursuant to the Works Councils Act (Wet op de
Ondernemingsraden, "WOR") an employer is obliged to
provide the Works Council with underlying information if a request
for advice is made. The employer has to explain his motives for the
projected decision, without being asked. In addition, he has to
paint a picture of the expected consequences for the staff and to
indicate which measures he wishes to take in connection therewith.
On 5 December 2008 the Enterprise Section expressed an opinion on
the question of whether these requirements also apply in the case
of a request for advice in broad outline (Enterprise Section, 5
December 2008; JAR 2009/51).
read more
Has Suitable Work Become Stipulated Work?
A female employee fell ill and started performing modified duties.
The company doctor declared that the employee was fully fit to
perform suitable work. Later, the employee dropped out of work due
to other symptoms. After two years had passed, the employer ended
the obligation to continue payment of salary. In this case, was the
stipulated work agreed, so that a new obligation to continue
payment of salary arose during the second period of occupational
disability?
read more
Setting Off Wages against Damages Allowed?
There is only a limited possibility to set off salary against
claims an employer has against an employee. Can an employer set off
against the payment of salary just any claim for damages it has
against the employee? This question has recently been dealt with by
the Court of Appeal of Leeuwarden.
read more
ENVIRONMENTAL AND CITY
PLANNING
New Spatial Planning Act (5): Adjustments to the
Municipalities Pre-emption Right Act
In the (Dutch) Newsletters of June, July, August
and September 2008 we already discussed a number of important
consequences of the new Spatial Planning Act (Wet op de
ruimtelijke ordening, "Wro"). This month we will go
into the consequences of the new Spatial Planning Act for the
Municipalities Pre-emption Right Act (Wet voorkeursrecht
gemeenten, "Wvg").
read more
INFORMATION
TECHNOLOGY
Moderating and Legal Indemnity for Hosters
A discussion of the judgment of the Court of
Amsterdam in preliminary relief proceedings dated 12 February 2009
(Trendylaarzen / Internetoplichting).
read more
INTELLECTUAL
PROPERTY
Meta Search Engine Gaspedaal.nl Infringing
After the Court had
ruled in preliminary relief proceedings at
the end of 2007 that the search engine Gaspedaal.nl could search
and partly copy the used car offers of Autotrack.nl (and other
car sites), the Court has now ruled in proceedings on the merits
that this is no longer allowed.
read more
Trademark Use in AdWords and Domain Names
When can you use a trademark of somebody else and when as an
advertising tool in the form of AdWords? This recurring question
came up in recent preliminary relief proceedings.
read more
MEDIA
Misleading Advertising: Nuclear Energy Is Not Clean, but
Is It CO2 Free?
Is nuclear energy clean or not? Greenpeace submitted a complaint to
the Dutch Advertising Code Committee about advertisements of energy
supplier Atoomstroom in which it claimed that nuclear energy is
clean and CO2 free. What is the Committee's opinion in this
respect?
read more
PUBLIC
PROCUREMENT
Obligation to Award After the Notification of a
Preliminary Award Decision?
Is a contracting authority allowed to withdraw the procurement
procedure at any stage of the procedure or is there an obligation
to award after the contracting authority has notified the bidders
of its award decision?
read more
REAL PROPERTY AND
CONSTRUCTION
Amendments to the Tenants and Landlords Consultation Act
For tenants their dwelling is a roof over their
heads. However, not only the dwelling but also the living
environment is important for the enjoyment of a property for the
tenants and their changes of development. It is important to know
that tenants can and may join the discussion about matters
affecting their enjoyment of a property and living environment. But
how does this work in practice? In this article we will go into
this.
read more
TELECOMMUNICATIONS
Consumer Does Not Have to Pay in Full for Expensive
Undesired Text Messages
The Subdistrict Court of Leeuwarden ruled on 11 February 2009
(LJN: BH2709) that if a telephone provider does not comply with the
code of conduct for text messaging services, a consumer does not
have to bear the costs of undesirably received paid text messages.
However, this applies only to the extent that the costs exceed the
call bundle.
read more