268 results Remedies for breach of contract: what, when and how? Enforceable obligations are an important aspect of commercial interaction. Contracts provide for this need by proving the terms and conditions to which parties agreed. However, in reality a promise made is not necessarily a promise kept Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’ By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers. Compliance with the information duty by hyperlink to general terms and conditions The applicability of a choice-of-court clause in general terms and conditions referred to by a hyperlink in the contract does NOT require the other party to have ticked a separate box for consent to the applicability of those GT&C. Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief. Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules. Gelieerde bestuurders en commissarissen Gelieerde bestuurders en commissarissen hebben een dubbele loyaliteit. Zij zijn loyaal aan zowel de rechtspersoon als hun achterman, zoals een aandeelhouder, een overheid of de medezeggenschap. AFM review indicates lack of transparency in use of alternative performance measures by Dutch issuers AFM sets out the findings of its review of the use of alternative performance measures in financial reporting and concludes that Dutch issuers often fall short of the required level of transparency when reporting their alternative performance measures. District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. New EU regulation of loan origination by funds What funds providing debt finance in the EU need to know about new EU rules for loan origination funds. District Court of Amsterdam rules on the duty to furnish facts in antitrust damages case concerning the trucks sector In an interim judgment of 28 February 2024, the District Court of Amsterdam ruled inter alia on the duty to furnish facts for claimants in liability proceedings following an infringement of competition law rules. Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies. Greenwashing risico’s in groene of duurzame leningen en obligaties Leningen en obligaties met een profiel op het gebied van één of meer Environmental, Social en Governance (ESG) factoren hebben een grote vlucht genomen in de afgelopen jaren. Amsterdam Court of Appeal grants standing in collective action about alleged manipulation of interest rate benchmarks Contrary to the Amsterdam District Court’s judgment, the Amsterdam Court of Appeal granted Stichting Elco Foundation standing in a collective action against several banks and brokers based on alleged manipulation of interest rate benchmarks. AFM's spotlight on substantial holding notifications In its latest market watch, the AFM places a spotlight on notifications of substantial holdings and gross short positions in response to the ongoing public discourse on the issue. Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle. De valkuil van Funda In mijn vriendenkring zitten inmiddels best wat woningzoekers. Zij hebben de ambitie – al wordt het steeds moeilijker – de huizenmarkt te betreden. Developments in green bonds: On 21 December 2024 the EU Green Bond Regulation starts to apply In this blog, Marieke Driessen and Niek Groenendijk of our Financial Markets team discuss the EU green bonds regulation which will start applying in 2024. European capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Remedies for breach of contract: what, when and how? Enforceable obligations are an important aspect of commercial interaction. Contracts provide for this need by proving the terms and conditions to which parties agreed. However, in reality a promise made is not necessarily a promise kept
Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’ By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.
Compliance with the information duty by hyperlink to general terms and conditions The applicability of a choice-of-court clause in general terms and conditions referred to by a hyperlink in the contract does NOT require the other party to have ticked a separate box for consent to the applicability of those GT&C.
Granting of declaratory relief sought in collective action: new limitation period for all related individual claims? The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief.
Court of Appeal overturns first instance judgment and establishes that several prestressing steel producers are liable for the potential loss alleged by Deutsche Bahn The Court of Appeal of 's-Hertogenbosch ruled that several producers of prestressing steel are jointly and severally liable for potential loss that Deutsche Bahn may have suffered as a result of an infringement of competition law rules.
Gelieerde bestuurders en commissarissen Gelieerde bestuurders en commissarissen hebben een dubbele loyaliteit. Zij zijn loyaal aan zowel de rechtspersoon als hun achterman, zoals een aandeelhouder, een overheid of de medezeggenschap.
AFM review indicates lack of transparency in use of alternative performance measures by Dutch issuers AFM sets out the findings of its review of the use of alternative performance measures in financial reporting and concludes that Dutch issuers often fall short of the required level of transparency when reporting their alternative performance measures.
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
New EU regulation of loan origination by funds What funds providing debt finance in the EU need to know about new EU rules for loan origination funds.
District Court of Amsterdam rules on the duty to furnish facts in antitrust damages case concerning the trucks sector In an interim judgment of 28 February 2024, the District Court of Amsterdam ruled inter alia on the duty to furnish facts for claimants in liability proceedings following an infringement of competition law rules.
Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.
Greenwashing risico’s in groene of duurzame leningen en obligaties Leningen en obligaties met een profiel op het gebied van één of meer Environmental, Social en Governance (ESG) factoren hebben een grote vlucht genomen in de afgelopen jaren.
Amsterdam Court of Appeal grants standing in collective action about alleged manipulation of interest rate benchmarks Contrary to the Amsterdam District Court’s judgment, the Amsterdam Court of Appeal granted Stichting Elco Foundation standing in a collective action against several banks and brokers based on alleged manipulation of interest rate benchmarks.
AFM's spotlight on substantial holding notifications In its latest market watch, the AFM places a spotlight on notifications of substantial holdings and gross short positions in response to the ongoing public discourse on the issue.
Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.
De valkuil van Funda In mijn vriendenkring zitten inmiddels best wat woningzoekers. Zij hebben de ambitie – al wordt het steeds moeilijker – de huizenmarkt te betreden.
Developments in green bonds: On 21 December 2024 the EU Green Bond Regulation starts to apply In this blog, Marieke Driessen and Niek Groenendijk of our Financial Markets team discuss the EU green bonds regulation which will start applying in 2024.
European capital markets: multiple-vote share structures The European Commission put forth a proposal for a directive on multiple-vote share structures. In this blog, we discuss the use of multiple-vote share structures in the EU and the Netherlands and provide insights into the proposed directive.