On 22 January 2014 the European Commission adopted a Recommendation with non-binding minimum principles for shale gas instead of the binding Directive as initially sought. Read this article to find out more.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
The Netherlands, located in Northwest Europe, has an open economy that heavily depends on foreign trade. It borders the North Sea, Belgium and Germany and therefore plays an important role as a European transportation hub. Foreign entrepreneurs who wish to conduct business in the Netherlands will benefit from this article’s review of the Dutch approach to decision-making. On the work floor, employers and employees search for mutual interests, creating a culture of consensus. Collective bargaining takes place per sector of industry instead of being business-based. This article discusses direct participation by employees within the company in the Netherlands and in other European countries and, subsequently, indirect participation through unions.
This primer provides an overview of cooperation with other jurisdictions in the application of the EU competition rules together with an understanding of the jurisdictional limitations, affirmative defences and exemptions. It discusses in detail the framework principles for the Commission’s leniency policy set out in the Commission Notice on Immunity from Fines and Reduction of Fines in Cartel Cases (the Leniency Notice).
A detailed handbook on art collection in the Netherlands.
This booklet is intended to provide lawyers and those involved in Dutch business operations with a good understanding of the essentials of Dutch employment law. The human factor is considered crucial in successful organisations and a careful approach to HR strategy can lead to significant rewards.
Punctuality is very important in the Dutch business culture. People have busy and full schedules, and appreciate timeliness. Read on to learn more about the Netherlands.
A review of legal privilege for in-house counsel in various jurisdictions around the world.
This article sets out the general rules of Dutch law that apply in collective redundancies.
A brief overview of anti-bribery and corruption laws in Europe, Brazil, Russia, India, and China.