Newsletter November / December 2008
TELECOMMUNICATIONS
Progress Made in Major Reform of EU Telecom
Rules
In September 2008 the European Parliament agreed to almost all the
European Commission's proposals concerning the reform of the
European telecommunications rules, which aims to offer citizens
better and cheaper communication services. As a result, the
Commission has adjusted the proposals slightly. In this article we
will discuss these proposals.
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INTERNET and
E-COMMERCE
E-commerce: service providers have to offer more than
just contact by e-mail
In a case from 16 October 2008, the European Court of Justice (ECJ)
addressed the question whether a service provider operating
exclusively on the internet is under an obligation to communicate
its telephone number to customers prior to the conclusion of a
contract. The ECJ held that service providers have to offer other
means of communication prior to concluding a contract as contact
via e-mail alone is not sufficient. However, contact by means of
telephone is, subject to one possible exception, not necessary.
read more
INTELLECTUAL PROPERTY
Website Holder Liable for Publication of Third-Party
Photos
By publishing photos on its website in which third-party copyrights
were vested, the website holder has infringed that copyright, as a
result of which this website holder was hold liable for the damage
arising therefrom.
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Colleague Sophie van Loon Obtains Doctorate on Friction
between Intellectual Property Law and Competition Law
We are proud to announce that on 6 November 2008 our 'own'
Sophie van Loon (of the Intellectual Property group) has obtained a
doctorate from Radboud University Nijmegen with a dissertation very
much worth reading and useful to legal practice. The dissertation
deals with the difficult question of whether an undertaking abuses
its dominant position if it refuses to license its intellectual
property.
read more
ENVIRONMENTAL AND CITY
PLANNING
End to the Litigating Foundation?
In a decision of 28 May 2008, the Administrative
Law Judicial Division of the Council of State (Afdeling
bestuursrechtspraak van de Raad van State, "AbRvS")
has ruled that a legal entity of which the actual activities
consist merely of litigation does not meet the requirements set in
the General Administrative Law Act (Algemene wet bestuursrecht,
"Awb"). At the request of the permit holder, who was
assisted by our firm, the objection raised by the Stichting
Monumentenbehoud Nederland (Foundation for the Preservation of
Historic Buildings) from Amsterdam against a granted demolition
permit was (partly) dismissed for this reason.
read more
EMPLOYMENT
A Wider Interpretation of the Concept of
'Entrepreneur'
In a judgment of 19 August 2008 the Enterprise
Section has stretched the concept of 'entrepreneur' as used
in the Works Councils Act to such an extent that it seems that also
non-legal persons, not being natural persons, may be regarded as
entrepreneurs. Is this interpretation an incident, or will it
become a trend?
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Hearing Both Sides of the Argument In the
Event of a Summary Dismissal
Hearing both sides of the argument does not only play a role in
legal proceedings, but also in the relationship between employer
and employee. How far does this obligation to hear go, for instance
in the event of a summary dismissal on account of sexual
harassment?
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Reorganization in Times of Credit Crisis: A
Checklist
In these times of credit crisis and threatening recession,
reorganizations within organizations sometimes appear to be
necessary. What are the things employers should pay attention to
and what about the amended subdistrict courts formula?
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