| Financial Institutions |
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MiFID implementation bill enacted
The bill implementing the European Markets in Financial Instruments Directive (MiFID) was enacted on 1 November 2007.
The MiFID aims to improve the force of the European internal market for investment services.
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| Tax |
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Court of Justice rules on Amurta case
On 8 November 2007, the European Court of Justice handed down its opinion in the Amurta case.
The case was about the incompatibility of Dutch dividend tax rules dating from before 2007 with EC law.
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| Health Care |
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Capital secured for health sector
Upon the introduction of the new assessment framework for immovable property, the Minister of Public Health, Welfare and Sports sets new rules for immovable property transfer transactions.
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Dijkstal Committee champions differentiated approach to top incomes
In its opinion on the standardization of top incomes in the semi-public sector, published last month, the Dijkstal Committee recommended to take into account the great variety of segments and the activities covered by them in the sector.
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| Intellectual Property |
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Notable decision on Royal images on paedophile website
Images of a number of royal minors on the website of paedophile association MARTIJN recently caused a great deal of controversy.
The parents of the children sought an interim injunction to prevent exposure of the images.
The decision was notable for the fact that the court held that an intrusion into a person’s private life and the infringement of image right was more serious than a breach of copyright.
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| Insolvency |
Bill amending Insolvency Act includes plea for single insolvency procedure
On 2 November, an advisory committee published the long-awaited draft Bill on Insolvency, which is to modernize the Bankruptcy Act currently in effect. The three different procedures (bankruptcy, suspension of payments and debt rescheduling) will be clustered into a single insolvency procedure. Other major changes will be implemented as well; the plan is to impose on suppliers a temporary obligation to continue supply.
Also, the dominant position of the tax authorities and the UWV will be weakened, to the benefit of ordinary creditors.
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| Mediation |
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Mediation and settling: any difference?
Administering justice is not the only duty of a court; its official duties also include attempting an amicable settlement.
Mediation increasingly is an element of the latter.
Nevertheless, there is a difference between settling amicably and solving a dispute by mediation.
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| Notarial Practice |
Authorities, professionals and homeowners’ associations must register with Commercial Register
The new Dutch Commercial Registers Act is scheduled to take effect on 1 January 2008. This Act is to extend and improve the commercial registers and change them into a new, overall digital basic register.
All businesses and legal entities must register.
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| Corporate |
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New public bid rules in the Netherlands
The Dutch Act implementing the EC Directive on public bids, including the related Decree on Public Takeover Bids, has entered into force on 28 October 2007. This new legislation provides for a mandatory offer in the interest of minority shareholders in Dutch listed companies.
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| Litigation and Insurance |
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Courts committed to time standardization
People have much complaints about civil actions taking up much time. The recently published Agenda van de Rechtspraak 2008-2011 includes a plan to set standards for the time that a civil action may take.
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| Property |
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Municipality slacking: Antispeculation clause rendered inoperable
The Arnhem District Court recently changed a contract to the effect that the antispeculation clause in that contract was rendered inoperable. Apparently, the municipality no longer championed the purpose for which that clause had been included, which is why the court found that having the clause continue to be in effect would be contrary to the public interest.
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