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Maes Law | Netherlands | 22 Sep 2021

Employment FAQs: vaccinations, face masks, remote working, wages and dismissals

The covid-19 pandemic has raised numerous questions regarding the rights of employers and employees. This article answers FAQs about the circumstances in which employers can demand that workers are vaccinated and wear face coverings, and prohibit working from home and travelling abroad. Wages, dismissals and the employee's right to refuse certain demands are also discussed.
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Stek | Netherlands | 6 Sep 2021

Geothermal energy developments in the Netherlands

Although to date there have been no major changes in legislation relevant to geothermal energy, discussions in this respect and on the sector's position within the Dutch renewable energy mix as supported by the Dutch subsidy scheme SDE++ continue. This article provides a brief summary of geothermal energy developments in the Netherlands.
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Maes Law | Netherlands | 18 Aug 2021

Pilot scheme aims to help start-ups make international hires

The Netherlands recently initiated a pilot scheme titled "Essential personnel for start-ups" to resolve practical difficulties faced by start-ups hiring employees from outside the European Union, the European Economic Area or Switzerland. The scheme takes into account the common remuneration structure within start-ups by applying a lower salary criterion and an additional requirement that the......
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AKD | Netherlands | 16 Aug 2021

Copyright protection for adaptations of earlier creations

In a recently published judgment, Philips and Lidl disagreed over the appearance of certain electronic shavers. One of the key points of discussion was whether Philips's copyright claim, which was based on the appearance of one shaver, also included the features that had been incorporated in a previously released shaver or whether, to the contrary, protection could be claimed only for the......
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AKD | Netherlands | 30 Jul 2021

Facing predicted flow of bankruptcies

Although it has been reported that the number of bankruptcies in the Netherlands continues to decline, some experts predict a wave of bankruptcies once the covid-19 pandemic comes to an end and state aid is withdrawn. When faced with the bankruptcy of a company it can be important to act quickly and appropriately to safeguard the affected party's interests. This article describes a number of......
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AKD | Netherlands | 28 Jul 2021

CMR carrier liable for damage to food products caused by stowaways

The Oost-Brabant Court recently rendered a decision in a case where damage was caused by stowaways who had climbed on board a vehicle during an international road transport. The Court reaffirmed that the claimant must prove a "substantial physical change" to the goods between the time of taking over the goods and the time of delivery in order to be able to claim damages.
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AKD | Netherlands | 27 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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Maes Law | Netherlands | 21 Jul 2021

Caution advised following Team Power Europe ruling on intra-EU service provisions

The European Court of Justice has issued a ruling in the Team Power Europe case which means that temporary-work agencies must do more than simply recruit and select personnel in a member state before they can pay social security in that member state. The ruling provides some insight into the Dutch criteria to qualify for the work permit exemption for third-country nationals within the......
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AKD | Netherlands | 21 Jul 2021

"As is where is" – can it be relied on?

Parties often agree to the sale of a vessel under "as is where is" conditions. However, even if this provision is interpreted to the effect that no guarantee of quality is given, it is not easily accepted as an exoneration of the seller against any and all claims by the buyer.
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Freshfields Bruckhaus Deringer | Netherlands | 15 Jul 2021

Supreme Court clarifies when suspicion of fraud in proceedings is sufficiently concrete to start clock on revocation proceedings

Fraud in Dutch proceedings is a ground to challenge an arbitral award, even after the period for setting aside has lapsed. Under Dutch law, such a challenge should be lodged within three months of the ground for the challenge arising. However, what does that mean when the challenge is based on alleged fraud in the proceedings? Does a suspicion of fraud start the clock, or can the challenger......
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