Newsletter February 2011
BANKING AND
FINANCE
Regulation on Restrained Remuneration Policies Dutch
Financial Supervision Act 2011
On 14 December 2010 the CRD III Directive was published in the
Official Journal of the European Union. This Directive includes
strict rules for the remuneration policy in the financial sector.
The intention of these rules is to prevent perverse remuneration
incentives, which are regarded worldwide as one of the causes of
the financial crisis.
read on..
CORPORATE
Company Law and Arbitration in International
Situations
Depending on the circumstances of the concrete case, disputes about
decisions by the bodies of legal entities and acts that have been
performed to implement such decisions may be governed by several
legal systems. In international situations this may give rise to
complications; legal proceedings conducted about such disputes may
therefore cost the parties dearly.
read on..
EMPLOYMENT
Duty of Care in Employee Co-Governance Procedure Lies
with the Employer
Although every director would like an employee co-governance
procedure to be completed within the term set, it may occur that
the Works Council fails to meet this term. In that case, is taking
a decision without awaiting the Works Council's advice
manifestly unreasonable?
read on..
Legal Validity of Probationary Period; Broad
Interpretation of Successive Employers
Is it allowed to agree on a probationary period if the employee
continues to do largely the same work for a new employer, and this
new employer used to cooperate intensively with the employee's
previous employer?
read on..
Liability of the Employer for Consequences of Longer
Workweek than 40
Employers should take care to prevent employees from taking on too
much work and from working too many hours. They cannot rely on the
argument that the employee himself has not complained.
read on..
INTELLECTUAL
PROPERTY
AdWord Tempur Trade Mark Infringement or Permitted
Comparative Advertising?
After the interesting AdWord judgments of the Court of Justice of
the European Union of last year, we will now discuss two recent
Dutch judgments about the use of AdWords with a competitor's
trade mark.
read on..
MEDIA
European Court of Justice: Spanish Newspaper Allowed to
Link Moroccan Royal Family to Drugs Trafficking
European Court of Justice Emphasizes Importance of Editorial
Freedom in Case About Moroccan Royal Family.
read on..
European Court of Human Rights (Naomi Campbell case):
English Success Fee Conflicts with Freedom of the Press
The Daily Mirror published an article about supermodel Naomi
Campbell's addiction to drugs. The House of Lords ruled that
this article was unlawful, and that the newspaper also had to pay
for the ‘success fees’ of Campbell’s lawyers. Subsequently, The
Daily Mirror went to the ECHR.
read on..
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