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Supreme Court rules that a notice of default in an IT dispute is not always required prior to termination and claim for damages

Netherlands - April 19 2012 In its judgment of 13 January 2012, the Dutch Supreme Court ruled that a professional party (“A-Line”) that ordered the development and implementation of computer software, which has not been implemented by the supplier (“Cubeware”) on the agreed delivery date, is not—under certain circumstances—obliged to send the supplier a notice of default.

Erik Valgaeren.

Court of Appeal of Amsterdam rejects moderation of contractually agreed penalty

Netherlands - April 19 2012 In its judgment of 11 October 2011, the Court of Appeal of Amsterdam quashed a judgment of the Court of First Instance of Amsterdam in which the lower court had moderated a contractually agreed penalty which was due as a result of early termination of a fixed term agreement for the provision of internet collection services.

Erik Valgaeren.

VAT authority reduces VAT on eBooks

Luxembourg - April 19 2012 On 12 December 2011, the Luxembourg VAT authority issued circular no. 756 in which it clarifies the definition of “books” for VAT purposes.

Erik Valgaeren.

European Court of Justice rules that a general monitoring obligation is not compatible with EU law

Belgium, European Union - April 19 2012 On 24 November 2011, the European Court of Justice (“ECJ”) ruled that European law precludes the imposition of an injunction against internet service providers requiring it to install a general filtering system for the purpose of preventing illegal downloading activities.

Erik Valgaeren.

Dutch Data Protection Authority upholds penalty decision for noncomplianceof travel data processing

Netherlands - April 19 2012 In December 2010, the Dutch Data Protection Authority (DPA) presented the results of its investigation into the data processing of travel data, such as the card number and actual travel data (destination, location, time) by several Dutch transport companies.

Erik Valgaeren.