News

This is the News page of AMS advocaten.

When can you appoint a liquidator for an estate?

When can you appoint a liquidator for an estate?

In the event of an inheritance, it sometimes occurs that a third party – a creditor or other stakeholder, for example – wishes to have a liquidator be appointed. That third party can submit a petition to the court, but this is granted only if certain conditions are met. Attorney Robert van Ewijk explains how this works.

Read more about: When can you appoint a liquidator for an estate?

Pre-pack bankruptcy is the transition of an enterprise in terms of employment law

Pre-pack bankruptcy is the transition of an enterprise in terms of employment law

The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law. Because of this decision, the former employees of the childcare organisation Estro – including those employees who were not offered an employment contract – are automatically employed by the party making a new start. Dutch employment law attorney Lennard Noordzij expects this decision to have significant consequences.

Read more about: Pre-pack bankruptcy is the transition of an enterprise in terms of employment law

Breach of trademark and/or brand: what are the criteria?

Breach of trademark and/or brand: what are the criteria?

How does the court view whether someone else’s trade name or logo appears to be too similar to your trade name and/or brand? Manita Hamberg, a lawyer specialised in trademark and intellectual property law, discusses this based on a recent lawsuit brought by Loods 5 against a company called Loods G.

Read more about: Breach of trademark and/or brand: what are the criteria?

Violation of the administration obligation and director’s liability: AMS explains!

Violation of the administration obligation and director’s liability: AMS explains!

An administrator can hold the director of a bankrupt enterprise liable for the remaining debts of the estate in the event of mismanagement. In principle, it is then up to the administrator to prove that the director of this enterprise is seriously personally culpable. However, this burden of proof is reversed in a few special situations. Based on a recent case, bankruptcy lawyer Hidde Reitsma explains these situations.

Read more about: Violation of the administration obligation and director’s liability: AMS explains!

Unjustified suspension of payment of shares. What are the consequences?

Unjustified suspension of payment of shares. What are the consequences?

A debtor whose claim has become due and payable to his creditor is authorised to suspend compliance with his commitment – e.g. payment – until the creditor fulfils his claim (art. 6:52 of the Dutch Civil Code). The Supreme Court recently felled the decision in a case about this concerning the sale of shares in a company with the ownership of the building on the Keizersgracht in Amsterdam (previously the public library, now Hotel Andaz). Contracts and corporate law attorney Lennard Noordzij delved into this case.

Read more about: Unjustified suspension of payment of shares. What are the consequences?

Prevent collections disputes: record assignments and specify hours!

Prevent collections disputes: record assignments and specify hours!

Lawyers are hired regularly to conduct collections proceedings for their clients. But sometimes, they themselves are the topic of a collections dispute – e.g., because the client hasn’t paid their own invoice. The non-paying client’s defence is often the same: no assignment was given for the work activities and/or too many hours were charged. How does the court assess these claims? Dutch debt-collection law specialist Hidde Reitsma explains on the basis of a recent judgement.

Read more about: Prevent collections disputes: record assignments and specify hours!

Defence validity in the event of trademark infringement: how does that work?

Defence validity in the event of trademark infringement: how does that work?

A brand or trademark can be registered with the European Union’s Bureau for Intellectual Property (EUIPO). The brand-holder then enjoys protection in all member states of the EU in a single go. But the holder of a brand must indeed “maintain” his brand; otherwise his rights may lapse under certain circumstances. In recent summary proceedings, the judge had to assess whether the brand name for a type of hair extension product was indeed still valid. Trademark law attorney Hidde Reitsma explains the defendant’s claim of validity.

Read more about: Defence validity in the event of trademark infringement: how does that work?

Contractor hired external advisor without permission?

Contractor hired external advisor without permission?

Contractors often hire external experts to provide specific recommendations and advice. Consider environmental reports with a construction contract, for example, or tax advice during an acquisition. In a recent case in the Netherlands, a law firm hired an external lawyer for advice concerning an appeal to the Supreme Court. However, the client refused to bear the costs of this. According the client, he had given no permission whatsoever for this assignment. Dutch debt collection law specialist Hidde Reitsma explains the issue.

Read more about: Contractor hired external advisor without permission?