| Employment |
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Van Doorne’s New Employment Termination Law seminar
Recently, Van Doorne organized a seminar on new employment termination law, following government minister Donner’s plans to amend the law. His proposals prompted an ambiguous advice rendered by STAR as well as heated public debate. After political pressure, the proposals were withdrawn.
All this prompted us to define as key issue for the seminar whether employment termination law is up for a change.
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| Banking and Finance |
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Various changes pending to Financial Supervision Act
Following major changes to the Financial Supervision Act [Wet op het financieel toezicht, WFT], introduced in order to implement the EU’s Markets in Financial Instruments Directive (MiFID) and Takeover Directive, various proposals and bills to amend the WFT and its accompanying decrees are now being considered by Parliament or have submitted for market consultation.
Below is a brief summary of some of these proposals.
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| European and Competition Law |
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Application thresholds in EU Public Procurement Directives amended
The application thresholds under the EU’s public procurement directives for utilities sectors and other public contracts were amended on 1 January 2008.
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| Health Care |
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Turnover thresholds lowered as from 1 January 2008
The turnover thresholds for registering mergers with the Netherlands Competition Authority [Nederlandse Mededingingsautoriteit, NMa] were lowered on 1 January 2008.
The reduction is intended to facilitate market competition and prevent a situation in which a single care provider becomes too powerful.
It should also give consumers more choice.
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| Information Technology |
Clarification of rules governing personal data on the Internet
Profile sites such as LinkedIn, Facebook and Hyves are becoming more popular by the day. People voluntarily disclose all kinds of personal information about themselves and their families and friends on these sites.
The Personal Data Protection Act [Wet bescherming persoonsgegevens, WBP] limits the extent to which it is permissible to disclose personal data on the Internet.
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| Intellectual Property |
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Amended European Patent Convention takes effect
The 1973 European Patent Convention was ripe for amendment. In 2000, at a diplomatic conference in Munich, the contracting states to the 1973 Convention agreed to a comprehensive revision.
The amended Convention, known as EPC 2000 (European Patent Convention 2000), entered into effect on 13 December 2007.
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| Corporate |
Dutch Supreme Court sets aside ruling by Enterprise Section on DSM loyalty dividend
The Dutch Supreme Court recently set aside an earlier ruling by the Enterprise Section of the Amsterdam Court of Appeal (March 2007) in which it blocked chemicals company DSM from introducing a loyalty dividend.
When none of the parties appealed against this ruling, Advocate-General Vino Timmerman lodged a cassation appeal in the interest of the law.
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Bill concerning works council right to speak with respect to salary policy of public companies
A draft bill has been submitted that proposes to give the works councils of public companies [naamloze vennootschap, NV] the right to speak with respect to the remuneration paid to managing directors.
The bill is a spin-off of the coalition agreement and is intended to promote a balanced distribution of income.
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| Litigation and Insurance |
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Abolition of local counsel rule postponed until 1 September 2008
The Ministry of Justice had intended to abolish the local counsel rule in civil law cases brought before a district court or court of appeal on 1 March 2008.
Justice State Secretary Nebahat Albayrak has decided to postpone the effective date of the act until 1 September 2008, however.
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| Sports |
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Sports Group Van Doorne advising on Wagener Stadium building project
The Sports Group of Van Doorne is advising on the planned project for a new Wagener hockey stadium in Amsterdam. The project is to be carried out by a consortium of private parties and with the close involvement of the municipal authorities as well as the Province of Noord Holland.
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