Search

Newsletter

Newsletter June 2010

EMPLOYMENT

Concept of 'Working for the Undertaking' of the WOR
When does the membership of a Works Council member end? And is a Works Council member actually still working for the undertaking if he or she takes leave for more than a year and next leaves the employment? Recently, the Court of Amsterdam, Subdistrict section, expressed an opinion on this matter. read on…

Bonus after Pregnancy?
Can an employer cut back on the bonus of a pregnant employee? The Court of Appeal of Arnhem concluded - as opposed to the opinions of the Equal Treatment Commission and the Subdistrict Court of Utrecht - that such a cutback is allowed and does not constitute forbidden discrimination. read on…

The New Work Costs Regime and Change of Employment Conditions
As of 1 January 2011 employers may choose a different tax regime with regard to payments and provisions to employees. If an employer chooses to introduce the new "work costs regime", the question arises whether he can change his employment conditions unilaterally in order to prevent being confronted with an 80% final levy. read on…

EU AND COMPETITION - ANTI-TRUST

Competition Law: New Exemption Decree Applicable in Insurance Sector
The new Block Exemption Regulation of the European Commission for certain agreements in the insurance sector (Regulation 267/2010: the "Regulation") has recently entered into force. This Regulation replaces a regulation from 2003. In this article we will briefly discuss the main topics of the new Regulation and where it differs from the old one. read on…

INTELLECTUAL PROPERTY

Trademark Right Is Not Exhausted With Regard to Products For Demonstrations That Are Not For Sale
In the newsletter of February 2009 we have discussed a judgment of the Court of The Hague in preliminary relief proceedings about the question of whether the trademark proprietor could stop the trading of perfume testers. This was denied by the Court in preliminary relief proceedings because it was of the view that the rights of the trademark proprietor had been exhausted. A similar case was presented to the Court of Justice of the EU and the Court has opted for a different approach resulting in an opposite outcome. read on…

MEDIA

European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified - Dark Clouds Gathering over Wilders?
The European Court of Human Rights has rendered judgment in proceedings against the French State, instituted by Le Pen. In a judgment that is also important for the case against Wilders, the European Court has decided that Le Pen has gone beyond the boundaries of the political debate permitted by using texts that incite hatred and in which Muslims are placed directly opposite 'the French'. This is hate speech, according to the European Court, and therefore not protected by the freedom of expression. read on…

Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading
On 3 June 2010 the Advertising Code Committee ("RCC") allowed a complaint from environmental organization Greenpeace about an advertising campaign of the oil company Trafigura. The RCC ruled that Trafigura had violated the rules of the Dutch Advertising Code in this advertising campaign, which concerned the Probo Koala affair. read on…

Up to Dutch Court to Prohibit Online Games of Chance of English Ladbrokes at Lotto's Request
De Lotto tries to keep online games of chance of Ladbrokes off the Dutch market. The European Court of Justice expresses an opinion on the Dutch restrictive gaming policy and whether it is contrary to the free movement of services within Europe. read on…

GeenStijl vs Nijmeegse Stadskrant: copying of interview allowed with a reliance on the journalistic exception
The local newspaper of the Dutch town of Nijmegen, the Nijmeegse Stadskrant, published an interview in which an alderman of Nijmegen stated about the notorious interview between GeenStijl reporter Rutger van Castricum and former Minister Ella Vogelaar: "I would've just kicked the son of a bitch of GeenStijl in the ass". Was GeenStijl allowed to copy the interview concerned while relying on the journalistic exception? read on…

Share this:   
linkedin facebook twitter email

Should you not wish to receive this newsletter, or if you have a question or would like more information, please send an e-mail to info@kvdl.nl.

View our profile

linkedin