Newsletter May 2010
CORPORATE
First Cross-Border Demerger in the Netherlands
On 1 January 2010 the Corporate Transactions Team of Kennedy Van
der Laan realized the first legal cross-border demerger
("CBD") of the Netherlands. This concerned a legal
demerger of a Belgian company in which a business unit was acquired
by a Dutch group company and the remaining activities were acquired
by a Belgian group company.
read on…
EMPLOYMENT
Reorganization Because of Transfer of Undertakings
Possible by Relying on ETO Reason
Double positions are often created because of a transfer of
undertaking, resulting in redundancy. Can the employer terminate
the employment agreement with an employee that has become redundant
despite the prohibition of termination in the event of a transfer
of undertaking?
read on…
Refusing to Work in Conflict with Company Doctor's
Opinion. Reason for Summary Dismissal?
It happens regularly that an employee disagrees with the company
doctor's opinion that the employee is fit for work. What
happens if an employee refuses to work in spite of this opinion?
What must and can an employer do in such a case?
read on…
No Right to Consent on Primary Employment Conditions for
the Works Council
Pursuant to Section 27 of the Works Councils Act (Wet op de
Ondernemingsraden, "WOR"), the employer needs the consent
of the Works Council for any projected decision regarding the
arrangements mentioned in that Section. This so-called right to
consent of the Works Council does not relate to decisions
concerning primary employment conditions. It is, however, not
always clear whether a decision is a primary employment condition.
read on…
EU AND COMPETITION -
ANTI-TRUST
New European Competition Rules on Vertical
Agreements
On 20 April 2010 the European Commission adopted a new Block
Exemption Regulation and revised Guidelines for vertical
agreements. The new Regulation will enter into effect on 1 June
2010 and according to the Commission's Vice President, Joaquin
Almunia, it will ensure that: "consumers can buy goods and
services at the best available prices wherever they are located in
the EU while leaving companies without market power essentially
free to organize their sales network as they see best."
read on…
INTELLECTUAL
PROPERTY
Court of Appeal of Amsterdam Ruled On Sound
Producers' Neighboring Rights Claims
Are sound producers phonogram producers and/or executive artists
within the meaning of the Neighboring Rights Act?
read on…
First Judgment Regarding European Design Law: Focus on
Freedom of the Designer
On 18 March 2010, the European Court of First Instance rendered
judgment in a case about European Design Law for the first time. In
this judgment the Court made important statements about the scope
of protection for European designs.
read on…
INTERNATIONAL
COMMERCIAL CONTRACTS
Profiting from Breach of Contract in a Selective
Distribution System
Is it allowed to profit from another party's breach of
contract? According to established case law, profiting from another
party's breach of contract is in principle not unlawful.
However, additional circumstances may make it to be so. In the
ARN/Multicar judgment (HR 8 January 2010, LJN BJ9352) the
Dutch Supreme Court gave its opinion on a car dealer who profited
deliberately from the breach of contract by an authorized
distributor of Alfa Romeo cars.
read on…
MEDIA
Short Extracts Rule from Dutch Media Act
Only an Access Rule Because of Copyright Fourteen Dutch regional
broadcasters have united an attempt to get permission to broadcast
short extracts of major league football matches and in preliminary
relief proceedings they claimed that Eredivisie Media had to hand
over footage of the major league matches.
read on…
PUBLIC
PROCUREMENT
The Implementation of Judicial Protection Public
Procurement Directives Act (Wet implementatie
rechtsbeschermingsrichtlijnen aanbesteden, WIRA) - II
The implementation of the European Judicial Protection Public
Procurement Directive has recently been entered into force. This
Act intends to improve and clarify public procurement law
enforcement. The Act introduces, amongst other things, new
possibilities to cancel contracts that have been concluded in
conflict with public procurement law.
read on…