Newsletter October 2010
CORPORATE
Discharge has no effect on facts not apparent from
annual accounts
Despite the fact that a shareholder was aware of fraudulent acts by
a director and granted the director discharge, the discharge
granted does not extend to the fraudulent acts when they are not
apparent from the annual accounts.
read on…
EMPLOYMENT
Illness, Reintegration and Inadequate Performance;
Deployment of Mediation
Terminating an employment contract during illness on the basis of
inadequate performance is usually not easy. Frequently, this does
not only lead to discussions about the quality of the “file”, but
also about the question of whether the illness stands in the way of
a rescission by the Subdistrict Court. A recent judgment shows how
this can go wrong.
read on…
Court of Appeal Allows Severance Payments of Former Employees of
RBS N.V. (formerly: ABN AMRO BANK)
To what extent is the employer allowed to backtrack on a commitment
made to the employee?
read on…
INFORMATION
TECHNOLOGY
New Rules for Tacit Extension and Termination of
Consumer Contracts
On 5 October 2010 the Dutch Senate agreed to a bill for the tacit
extension and termination of some specific categories of consumer
contracts. This bill restricts the tacit extension of, inter alia,
subscriptions and memberships of associations, and makes
termination of such contracts easier.
read on…
INTELLECTUAL
PROPERTY
No Monopoly for Calvin Klein on Letters CK
Calvin Klein has tried to block a trademark registration for
clothing containing the letters "CK" all the way up to
the European Court of Justice (“ECJ”), but without success. The
ECJ's judgment of 2 September 2010 confirms that there is a
fundamental difference between the – more abstract – assessment in
opposition proceedings and the – concrete – assessment in
infringement proceedings. In opposition proceedings, the actual
conduct of the other party is irrelevant. Less easy to understand
is that also the reputation of the abbreviation CK played no role
in these proceedings.
read on…
MEDIA
Princess Caroline Takes Another Privacy Case to the
ECHR
In 2004, the struggle of Princess Caroline of Monaco against the
paparazzi chasing her led to the most important portrait right case
in Europe. Caroline now goes to the ECHR again, which may have big
consequences for the entertainment press.
read on…
PERSONAL DATA
PRIVACY
Are New Model Clauses a Relief for Practice?
Suppose, your enterprise wishes to outsource some specific
processing of personal data – for example the payroll
administration – to a third party, a ‘data processor’. To save
costs, you choose a data processor not only having offices in the
Netherlands, but also in other countries, including countries
outside the European Economic Area not providing an ‘adequate level
of protection’: so-called ‘third countries’. You make the data
processor responsible for organizing and arranging the processing
and the accompanying transfers of personal data in a manner as
cost-efficient as possible. Is this actually possible?
read on…
REAL PROPERTY AND
CONSTRUCTION
Expiry Periods Sometimes Not Binding
The lapse of a contractual expiry period does not imply the lapse
of actions in all cases. The claim may disappear, while the right
of action still remains.
read on…
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
