Newsletter September 2010
CORPORATE
GOVERNANCE
Order in ASMI case: Corporate Governance put on edge
with respect to activist shareholders
In its order in the ASMI case dated 9 July 2010, the Dutch Supreme
Court has set a more definite framework for the relationships
between the various company bodies - the corporate governance - in
a violent dispute on strategy between the management board of ASMI
on the one hand, and a group of (activist) shareholders of ASMI on
the other hand. The Supreme Court has examined some basic corporate
governance issues, which makes this order important for practice.
read on…
EMPLOYMENT AND
CO-GOVERNANCE
Decision Manifestly Unreasonable. Outsourcing More
Expensive than Existing Situation
The Works Council has a right to give advise, enabling it to
influence a projected decision of an employer. If an employer takes
a decision that is contrary to internal objectives or proves more
expensive than an existing situation, can a Works Council then stop
this decision?
read on…
Proposed Amendment of Holidays Legislation
On 27 August 2010 a proposal to amend holidays legislation was
submitted to the Dutch Lower House of Parliament. The amendment
concerns the equal status of the accrual of holidays of employees
who are on long-term sick leave and healthy employees, and the
lapse of holidays after 18 months. Both issues will be further
explained below.
read on…
Ban on Wearing Necklace with Cross; Forbidden
Discrimination on Grounds of Religion?
The choice of clothing of employees may give rise to disagreements
between employers and employees, especially where it concerns
religious expressions. To what extent can an employer prohibit
employees from wearing religious clothing or jewelry?
read on…
INTELLECTUAL
PROPERTY
Court of Appeal of The Hague Allows Portrait Right Claim
of Turkish Woman
On 24 August 2010 the Court of Appeal of The Hague rendered a
judgment in a portrait-right case. In this judgment, the Court of
Appeal allowed the claim of a Turkish woman who argued that she had
become 'socially isolated' as a consequence of the
publication of a photo without her permission.
read on…
European Court of Justice Confirms: No Trademark Right
to Lego Bricks
In a judgment of 14 September 2010 the European Court of Justice
has confirmed on appeal that the Lego brick cannot be a shape mark
and is therefore not entitled to trademark protection.
read on…
How Will The Government Deal With Ambush Marketing if
the World Cup Comes to the Netherlands?
Nobody will have missed the uproar that arose during the past World
Cup in South Africa about Bavaria's ambush marketing and the
arrests of the 'Bavaria babes'. How is the Netherlands
going to deal with this if the World Cup 2018/2022 will take place
in the Netherlands and Belgium?
read on…
MEDIA
European Court of Human Rights - Sanoma Wins Autoweek
Reporter's Privilege Case versus the Netherlands
European Court of Human Rights rules that the Netherlands violated
the freedom of the press of publisher Sanoma as set out in Article
10 of the European Convention on Human in reporter's privilege
case.
read on…
TECHNOLOGY
New Act More Considerate with Electronic
Traffic
On 1 July 2010 a new Act entered into force that adjusts the
contractual 'requirement of being in writing' in the Dutch
Civil Code and the Dutch Code of Civil Procedure on several points.
The adjustments show more consideration for the various
possibilities to conclude contracts and to provide private
instruments electronically.
read on…