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- Dutch court holds COVID-19 justifies rent reduction. Will the same reasoning apply to salaries?
The District Court of The Hague recently ruled that, because it is an unforeseen circumstance, the coronavirus crisis caused a fundamental imbalance in a lease agreement between a restaurant owner and the lessor. The court found that this imbalance justifies a reduction in the rent.
- The Netherlands: Reassignment Obligation Does Not Require Job Creation
Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe is impossible or impractical.
- Court decides on the provisional deferral of rent for the hotel W Amsterdam – A trend for the jurisdiction in the Netherlands?
In summary proceedings (kort geding) the tenant of the hotel W Amsterdam has obtained an injunction in the form of a provisional order pending a final decision. The provisional order provides that the tenant may postpone its rent payments for the 2nd to 4th quarter of 2020 due to the consequences of the COVID-19 pandemic. According to the court's reasoning, the COVID19 pandemic is an unforeseen event whose financial consequences must be borne by both the tenant and the landlord. Please see full Publication below for more information.
- COVID-19 pandemic update on lease law in The Netherlands
As an introductory comment, the Dutch district courts and courts of appeal have judged exclusively in interlocutory proceedings (kort gedingen) in disputes concerning the tenants’ obligation to pay the contractual rent during the COVID-19 pandemic. At this moment, there are no court rulings on the merits of these cases (bodemprocedures). Therefore, the current case law only concerns temporary provisions, which can be confirmed as well as overruled in possible further appeal proceedings and/or in proceedings on the merits of the case. Please see full Publication below for more information.
- Our analysis: How do, and should, organisations approach cybersecurity?
In 2020 companies around the world were hit by a wave of cybersecurity incidents. Our Amsterdam Technology & Data team spoke with over 30 organisations that represent a cross-section of the Dutch corporate community about their experiences, key challenges and the impact of cybersecurity incidents on their business. In this blogpost we share our main findings and our recommendations regarding cybersecurity.
- Wetsvoorstel transparantie maatschappelijke organisaties naar Tweede Kamer
Overview Nieuwe verplichtingen tot verstrekken van informatie over buitenlandse giften en het deponeren van balans en staat van baten/lasten voor maatschappelijke organisaties.
- Early retirement for older employees made more flexible for tax purposes as of 1 January, 2021
On 12 January, 2021, the First Chamber of the Dutch Parliament approved the bill on lump sum, early retirement and leave savings (Wet bedrag ineens, RVU verlofsparen). This Act will temporarily relax the tax restriction (RVU levy) on schemes that financially encourage early retirement of older employees.
- Another Major Pension Reform for Multinational Companies to Watch: Netherlands DB to DC
Notwithstanding the pandemic, or perhaps accelerated by the financial and social implications of it, some countries are continuing apace with making significant changes to their pension systems. One that is accelerating is the Netherlands.
- Dutch Court Gags Employee Who Refused to Wear a Mask
A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week.
- Arbeidsrecht wetswijzigingen per 1 januari 2021
Overview - Per 1 januari 2021 is het arbeidsrecht op meerdere vlakken gewijzigd. In dit blogbericht bespreken wij de belangrijkste wijzigingen.
- CMS Seeks Comments on Standards for ACOs Under Shared Savings and CMMI
Until December 3, 2011, the Centers for Medicare & Medicaid Services will accept comments regarding policies and standards for accountable care organizations that participate in the Medicare program under the Shared Savings Program or through the Center for Medicare and Medicaid Innovation. ...
- "European M&A: Multifunctional Stichtings"
The use of “stichtings,” or Dutch foundations, in the M&A context became more widely known outside of Europe in 2015 in connection with Mylan N.V.'s use of a Dutch poison pill defense against Teva's unsolicited offer. The stichting Mylan relied upon is a commonplace defense mechanism in the...
- Newsletter GDPR: Sensitive personal data
This third GDPR newsletter deals with the differences under the Data Protection Directive, implemented by the Dutch Personal Data Protection Act (the DPA) and the General Data Protection Regulation (the GDPR) with regard to the processing of sensitive personal data....
- Littler Global Guide - The Netherlands - Q1 2017
House for Whistleblowers Act - Enacted Legislation - The House for Whistleblowers Act that has become effective as of July 1, 2016, introduces legal protection for whistleblowers and provides for the formation of a new authoritative body, the House for...
- EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report (Dutch)
In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access for consumers and businesses to online goods and services across Europe,...
- Dutch Courts Give Judgment on Immunities of NATO Supreme Headquarters
Earlier this year, district and appellate courts in the Netherlands have delivered first judgments in the context of a high-stakes contractual dispute between three fuel companies and Supreme Headquarters Allied Powers Europe (SHAPE) – the headquarters of one of the two NATO strategic commands. A...
- GDPR Update: One Stop Shop
In this first GDPR Update of 2018, we address the One Stop Shop mechanism. The One Stop Shop mechanism means that, as a main rule, organisations carrying out cross-border personal data processing activities will only have to deal with one supervisory authority in the future. This supervisory...
- GDPR Update: Profiling and Retail (Dutch)
In this GDPR Update, we address the concept of profiling. In particular, we will focus on a number of aspects of the application of profiling in the retail sector....
- State Budget 2019 - Social Affairs and Employment
True to tradition, the Minister of Finance presented the September Budget Memorandum on September 18 (the third Tuesday in September). What changes in the field of employment law are in store? In this Newsletter we address the government’s main plans for the labor market, incapacity for work,...
- [Event] 11th Pharma & Biotech Patent Litigation - February 26 - 27, 2019 - Radisson Blu Hotel, Amsterdam
The annual gathering exploring the inherently complex and continually contentious pharma and biotech patent litigation - Life Science patent litigation filings are predicted to rise at new levels. Be part of the only event where the “Who’s Who” of the European Life Sciences Patent Bar gather each...