IMPORTANT INFORMATION
Court Related
Labor agreement vs assignment
The Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba recently had to answer the question whether an employment agreement existed or an assignment (a contract of services). The respondent had been working at a massage...
Claim for affection damages
The Court of Appeals of ‘s-Hertogenbosch recently rendered a decision in a claim for affection. Affection damages concern a compensation for the grief and pain caused by the fact that a person (the primary injured party) with whom one has an affective bond suffers...
Loss of Dutch citizenship is not automatic
A Dutch resident of New York applied for a new Dutch passport in 2014. The Secretary of State did not process the application. She would have lost Dutch nationality because she had lived abroad for more than 10 years. She appealed against this to the Administrative...
Safety at work
The Court of Appeal in Arnhem-Leeuwarden had to render a decision in a case whereby an employee sank through a plaster ceiling. The employee argued that no reasonable instructions that were required form a safety point of view were given by the employer. The Court of...
Forcibly unlocking a smartphone: may it be done?
Last the year, the Supreme Court of The Netherlands gave an judicial opinion as part of a procedure known as cassation in the interest of the law (“casssatie in belang der wet”). The question posed to the Supreme Court was if the forcible use of a suspect's...
Director’s liability in bankruptcy
The Court in Gelderland recently took the following into consideration when accessing the director’s liability in bankruptcy. If a managing director has failed to comply with his obligation to keep accounting records as referred to in article 2:10 of the Dutch Civil...