AMS often blogs about the settlement of estates. The Dutch settlement procedure is a multifaceted procedure which in principle should be followed by acceptance with the benefit of inventory of an estate by one or more heirs. However, sometimes it is also possible to apply to the Court for the appointment of a trustee. Dutch insolvency lawyer, Hidde Reitsma, who is regularly appointed by the Courts as trustee, explains.Read more about: Requesting the appointment of an trustee of an estate in the Netherlands
This is the News page of AMS advocaten.
In a recent employment law case in the Netherlands, an employer applied for the dismissal of a project coordinator for unsatisfactory performance. The employee would have been incapable of organising and managing. Following several meetings and warnings, the employer decided to transfer him to another job and location. However, the employee’s work remained below par. Are there sufficient grounds for dismissal? Dutch employment lawyer Sander Schouten explains on the basis of the judgment the criteria for dismissal for unsatisfactory performance that are used in the Netherlands.Read more about: Dutch criteria for dismissal for employee’s unsatisfactory performance
In a recent Supreme Court judgement, the Dutch Court of Appeal was reprimanded because in a dispute between an employee and employer it had not examined whether there was a successive term of employment. The fact is that the employee first worked through an employment agency, and then directly for the employer. What does the concept successive term of employment exactly mean in Dutch employment law and why is the distinction so important? Dutch employment lawyer Sander Schouten discusses the case.Read more about: Successive term of employment: what are the criteria?
In this action, a multinational in agricultural products in the Netherlands tried to prevent that the price of shares would be determined in a procedure over which it had no control. The multinational then took the matter to the Dutch Court of Appeal. Dutch corporate lawyer Marco Guit discusses the ruling of the Dutch Court.Read more about: Multinational sidelined in sale of their own shares
During a hearing a Dutch court may establish agreements between parties upon request in a so-called official report. But for how long can parties bring claims on the basis of agreements reached in this form? Dutch procedural law lawyer Heleen Cabral explains this on the basis of a case.Read more about: Limitation period for an official report; five or twenty years?
A trustee wants to initiate a claim in insolvency proceedings against an Indian company. But is the Dutch court competent to hear this dispute? And what if the dispute does not involve the bankruptcy itself, but a (derived) Paulian action against fraudulent acts in respect of creditors? Who is competent then? These questions were addressed in a recent case involving international insolvency law. Dutch lawyer for insolvency law Hidde Reitsma discusses the ruling.Read more about: International insolvency law: does a Dutch court have jurisdiction?
Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws. Dutch lawyer for intellectual property law Manita Hamberg explains the most important changes and indicates what to look out for.Read more about: New General Data Protection Regulation (AVG) in EU
Unfortunately, it often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be liable, but because the collateral assets are lodged with the legal entity, the creditor is left empty-handed. In the Netherlands, in such a case the creditor may rely on the doctrine of identification. However, the current case-law is that this appeal is accepted only in exceptional circumstances. A recent Dutch ruling by the Supreme Court illustrates this. Dutch contract lawyer Onno Hennis explains the judgement.Read more about: Identification only under exceptional circumstances