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Newsletter November/December 2011

BANKING AND FINANCE

New Late Payments Directive
On average, companies have to wait between 20 and more than 100 days for an invoice to be paid. One in four bankruptcies is caused by late payments. This costs the EU 450,000 jobs and 250 billion euro each year. The European legislator considered these reasons sufficient to introduce a new Late Payments Directive. read on..

CORPORATE TRANSACTIONS

Kennedy Van der Laan Extends its Corporate Transactions Practice
Frans-Jozef Crousen and Hans van Ramshorst joined the corporate transactions practice of Kennedy Van der Laan on 1 October 2011. With their arrival, the firm is strengthening its position on both the Dutch and the international transactions market. Besides Crousen en Van Ramshorst, the junior civil-law notary Rinie de Waal also joined the Corporate team. read on..

EMPLOYMENT

Freedom of Expression in Employment Law
In employment law – especially in dismissal matters - there is little attention for the freedom of expression. Recently, the European Court of Human Rights (‘ECtHR’) rendered a judgment in which the freedom of expression, viewed in the light of the freedom of association, is the key element. read on..

Polish Posted Truck Drivers Fall Under CAO Declared Generally Binding
In July 2011 several media reported about Polish truck drivers who were deployed from Poland to a Dutch transport company earning Polish salaries. FNV Bondgenoten called this ‘social dumping’ and questions were asked in Parliament. The Subdistrict Court of Venlo ruled that the CAO which has been declared generally binding had to be applied. read on..

INTELLECTUAL PROPERTY

Court of The Hague: ‘Forward Link’ is no disclosure either
Placing links to content on a site operated by someone else is normally not considered to be an act protected by copyright. The question is what happens if such a link actually appears as a link to content placed on a site operated by the same person? read on..

MEDIA

European Court of Justice Confirms in Martinez/MGN the Right to Forum Shop in Proceedings on Internet Publication
What are the options of the victim of an internet publication to go forum shopping? What does this say about the extent of the damage that may be claimed? And what is the meaning of the consideration ‘no more stringent requirements than in the country of establishment’? The ECJ considered these things and more in the case of Martinez/MGN Ltd. read on..

Kidnapper fails to obtain injunction prohibiting release of Dutch film on kidnapping of Alfred Heineken
The judgment in the case of kidnapper Willem Holleeder against producer IDTV contains important guidelines for makers of historical films (or other works of art) that mix facts and fiction. The court also confirms that prescreening the film would amount to (inadmissable) censorship. read on..

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