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..
If you would like to receive the Kennedy Van der Laan Newsletter
in the future, please
subscribe here.
Should you no longer wish to receive the Kennedy Van der Laan
Newsletter, please
unsubscribe here.
View our profile