When do we speak of violation in the non-recruitment clause?
Employers increasingly choose to have a non-recruitment clause included in employment ...
Creditor’s default and right to damage compensation. AMS explains!
In a dispute between an oysterman and a customer, the parties claim large sums ...
Claims for unfair dismissal employee can mount steeply!
In a recent labour dispute, an employee is dismissed summarily. The employee goes ...
Registration trademark: in bad faith or rightful?
There is a case of bad faith, for example, if another party officially registers ...
Corporate opportunity: director not allowed to simply appropriate a corporate opportunity
In England and the US, the ‘corporate opportunity doctrine’ is well known. Not ...
Misuse of authority in company’s own bankruptcy application?
In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s ...
Reimbursement down payment in case of cancellation?
In a recent case the central issue was whether a buyer was entitled to reimbursement ...
Right to claim in undivided community in commercial partnership
If a commercial partnership (VOF) is terminated, there is often a debate about ...
Dismissal of managing directors in a Dutch limited company
The managing board in Dutch limited and public companies (“BV” and ...
Will prejudgment attachments on EU bank account be possible?
Until now, attachments could only be levied on Dutch bank accounts. Procedures ...
Is the franchisor liable for loss caused by error?
In this case nine parties are holding an international toys wholesaler liable ...
Netherlands Commercial Court shall open its doors in 2017
Following on from several global commercial centres (London, Dublin, Singapore, ...
Can liability be excluded in an exoneration clause?
Most general terms and conditions include an exoneration clause. In this clause ...
‘Bank guarantee offers more security than prejudgement attachment’
In cases involving collection, oftentimes, pending a ruling, a prejudgment attachment ...
Directors liable for unlawful dividend distribution
The Dutch bank demanded joint and several liability from a third party for financing ...
Usage trademark rights after termination of licensing unlawful?
The right of a franchisee to use the trademark and logo(s) of the franchisor is ...
Complains after purchase contract: don’t wait too long!
If you buy something and the product does not comply with the requirements that ...
Copycat behaviour: the nightmare of every designer
It is every designer’s nightmare to design a product with a characteristic or ...
How do proceedings in the Subdistrict Court work?
Each dispute, and therefore each legal action, is different. There are not only ...
