Newsletter July 2009
BANKING AND
FINANCE
Alleged Credit Crunch Villain Regulated
During last fall's turmoil, when many financial companies
around the world got into problems, financial market regulators
across Europe took measures???? to restrict or impose conditions on
short selling in order to restore market stability. From that time
on, short selling is regarded as one of the credit crunch villains.
Now, more than six months later, stability has been more or less
restored and some countries in Europe have lifted the ban on short
selling. The Netherland and the United Kingdom have followed that
path, amongst other countries, but other countries, like France and
Belgium, have maintained the ban.
read more
EMPLOYMENT
Creative Dealing with 'Transfer of Undertaking'
and Protection of Employees
Can an employer escape the statutory protection of employees in the
event of a transfer of undertaking by inventing a construction in
which the statutory conditions have formally not been met? This was
the question addressed in the Supreme Court judgment of 26 June
2009 to be discussed below.
read more
Continuation of Part-Time Unemployment Benefits in a
Modified Form
Minister Donner of Social Affairs and Employment has announced that
as from 20 July 2009 the part-time unemployment benefit will be
continued in a modified form. On 22 June 2009 the Minister closed
the current part-time unemployment benefit scheme for new
applications because the amount made available by the government
for part-time unemployment benefits (€375 million) had already been
reached.
read more
INTELLECTUAL
PROPERTY
Triumph for Tripp Trapp Chair: Design Is Revolutionary
After All
Whereas the Court found earlier that the design of
the Tripp Trapp chair was not groundbreaking and was mainly
dictated by technical choices, in its most recent judgment the
Court of Appeal praised the design for its revolutionary make and
new vision on the concept 'highchair'.
read more
MEDIA
Kassa Must Rectify Broadcasts about Pretium
Pretium is a telecom company. Consumers are called by a
telemarketing company on behalf of Pretium, and upon agreement by
telephone they become a customer of Pretium. Afterwards, quite a
lot of customers complain about Pretium, and television programs
such as Tros Radar and Vara's Kassa regularly bring critical
reports about this.
read more
"Travel Agency Rita" Falls Under the Freedom
of Expression
Freedom of expression in criminal law. The text on the poster
'Travel Agency Rita: arrest deportation cremation, adequate to
the bitter end' is a critical expression about the then
Minister Rita Verdonk (Alien Affairs). It is true that the poster
is a defamatory writing within the meaning of Section 261 of the
Dutch Penal Code, but the author ('suspect') is not
punishable because in this situation the freedom of expression
prevails. A hurting poster for Verdonk, but even expressions that
'shock, disturb and offend' may be protected by the right
to the freedom of expression.
read more
PUBLIC
PROCUREMENT
Private Tenders 2: Creating Freedom by Establishing
Rules
In the precontractual phase private parties enjoy considerable
freedom, which is basically only limited by the legitimate
interests of the other party. Public contracting authorities, on
the other hand, do not have this freedom, since the precontractual
phase was set out for them in detail in the European procurement
directives, national law (BAO and BASS) and various sector-specific
regulations.
read more
TELECOMMUNICATIONS
Amendment of the Telecommunications Act: Obligation to
Retain Telephony and Internet Data
Soon, telecom providers must retain telephony and internet data
twelve and six months, respectively. The Dutch Senate has adopted a
bill to amend the Telecommunications Act, after Minister Hirsch
Ballin promised that the period of retention for internet data will
be adjusted from twelve to six months.
read more