Breaking news: a line through the pre-pack/flash bankruptcies.
In a judgment of June 22, 2017, the European Court of Justice put an end to the practice of pre-pack/flash bankruptcies in the Netherlands. What is a pre-pack/flash bankruptcy? The court describes it as follows: In this case, a court appoints an "intended trustee" who, prior to the bankruptcy, assists in preparing a […]
Attention Works Council members and employees! The Dutch pre-pack is under fire.
Have you, as an employee or works council member, been involved in a restart after bankruptcy, for example, as a result of a so-called pre-pack? And have you or your colleagues lost a job, or were you able to retain a job but had to forfeit salary and/or benefits? Then the following may be relevant to you. […]
Interview with Martin Lambregts – Legal Affairs BNR News Radio regarding renting out your (own) home during your holiday
On Tuesday, July 5th, Martin Lambregts was a guest on BNR Nieuwsradio's program "Legal Affairs" to discuss (the tax aspects of) renting out your own (rental) home. Martin Lambregts and Dennis Evertsz wrote an article on this topic, which appeared in NRC Handelsblad (July 14, 2015) (link). […]
Separate purchase and contract: think before you leap! – Fred Wijma's Blog
Project developers are increasingly opting less often to use purchase or construction contracts for residential development projects. Instead, they work with separate purchase agreements (for the sale of a plot or apartment, to be concluded with the project developer) and separate construction contracts (for the construction of the house/buildings, to be concluded with the building contractor). The advantage of this division for […]
Flexible working in 2016 – Blog Jennifer Horsten
The Flexible Working Act (Wfw) came into effect on January 1, 2016, and applies to employers with more than ten employees. The Wfw gives employees the right to request their employer to change their working hours, working times, and/or workplace. But note: the law does not entitle them to […]
Got a permit, but still not building – Blog Bas van Vliet
With all the objections lodged by local residents against various building plans, it's not often that – after unsuccessful objections to the zoning plan (amendment) and environmental permit (building permit) – a private law route is also pursued. And even if it does happen, it's also not often that this is resolved in summary proceedings […]
Workshop on the Work and Security Act Wintertaling – May 21, 2015
On May 21, 2015, a successful workshop was held by the Wintertaling Employment Law department. The workshop focused on the changes to the Work and Security Act (Wet werk en zekerheid), which will take effect on July 1, 2015. Below you can find the handouts of the presentations by Jennifer Horsten and Wilfred Groustra. WWZ The transition payment May 21, 2015 […]
Nuanced case law on common foundations – Article by Bas van Vliet
In a recent judgment of January 27, 2015, the Amsterdam Court of Appeal further clarified an earlier ruling on joint foundations from 2009.[1] This ruling impacts the assessment of issues surrounding the repair of joint foundations, which are particularly common in Amsterdam.
Special charges and restrictions under Article 7:15 paragraph 1 of the Dutch Civil Code – Article by Fred Wijma
Public law regulations that are not specifically aimed at one or more owners are not considered "special burdens and restrictions" within the meaning of Article 7:15, paragraph 1, of the Dutch Civil Code, according to the Supreme Court. Click here for the full article, Supreme Court judgment, January 30, 2015, ECLI:NL:HR:2015:159. This contribution was written by Mr. FD Wijma.
Circumventing the chain arrangement with a settlement agreement is not permitted – Article by Jennifer Horsten
The Supreme Court ruled on January 9, 2015, that circumventing the chain rule in advance in a settlement agreement is not permitted. While a settlement deviating from mandatory law may be concluded to end an existing dispute, this may not be done to prevent a dispute. Otherwise, mandatory […]
