Latest updates

Court removes need for bailiffs to board ships to execute arrests
AKD The Netherlands
  • Litigation
  • Netherlands
  • 01 October 2019

The Netherlands has long been considered one of the most favourable jurisdictions in which to arrest a ship. A recent Aruba Court ruling is set to enhance this reputation by further liberalising the procedural rules, removing the need for a bailiff to board a ship in order to execute an arrest. The decision is expected to play a role in ship arrest cases throughout the Kingdom of the Netherlands where bad weather conditions, or even deliberate obstruction, may prevent bailiffs from boarding ships.

Court removes need for bailiffs to board ships to execute arrests
AKD The Netherlands
  • Shipping & Transport
  • Netherlands
  • 25 September 2019

The Netherlands has long been considered one of the most favourable jurisdictions in which to arrest a ship. A recent Aruba Court ruling is set to enhance this reputation by further liberalising the procedural rules, removing the need for a bailiff to board a ship in order to execute an arrest. The decision is expected to play a role in ship arrest cases throughout the Kingdom of the Netherlands where bad weather conditions, or even deliberate obstruction, may prevent bailiffs from boarding ships.

'Spreading' a work under Dutch copyright law: the gift that should not have been given
AKD The Netherlands
  • Intellectual Property
  • Netherlands
  • 26 August 2019

Article 12 of the Copyright Act lists a number of acts that fall within the definition of 'disclosure to the public'. In addition to the more straightforward cases of disclosure, Article 12(1)(2) specifically stipulates that disclosure also includes verbreiding (translated in English as 'spreading') all or part of a work or a reproduction thereof where the work has not yet appeared in print. Although there is little case law on the act of spreading, the subject was recently debated in an Amsterdam Court of Appeal case.

Airport of destination no safe haven for claims under Montreal Convention
AKD The Netherlands
  • Aviation
  • Netherlands
  • 07 August 2019

The Amsterdam Court of Appeal recently denied jurisdiction against an airline and its ground-handling agent in a case concerning a claim for loss of cargo from the agent's premises at Amsterdam Airport Schiphol. The judgment is relevant for claimants seeking to bring a case against air carriers and their ground-handling agents before the court of the place of destination under Article 33 of the Montreal Convention 1999.

How to prepare for new Incoterms
AKD
  • Shipping & Transport
  • International
  • 31 July 2019

The International Chamber of Commerce is set to launch a new version of the Incoterms rules – the globally used, standardised set of trade terms for the international sale and delivery of goods. Although the new rules will not take effect until 1 January 2020, parties involved in the international sale and delivery of goods should use the impending introduction of the new rules as an opportunity to review their existing contracts and standard delivery terms and determine whether they are being used correctly.

NCC and NCCA as alternative forums
AKD The Netherlands
  • Litigation
  • Netherlands
  • 02 July 2019

The international trade chamber of the Amsterdam District Court – known as the Netherlands Commercial Court (NCC) and the Netherlands Commercial Court of Appeal (NCCA) – allows parties to resolve international civil or commercial disputes and litigate in the English language, both in first instance (NCC) and appeal (NCCA). Depending on the circumstances of the case, the NCC and the NCCA may be attractive alternative forums to regular district courts, arbitration institutes and international commercial courts.

Unauthorised filing of trademarks by agent or representative
AKD NV
  • Litigation
  • Netherlands
  • 25 June 2019

The District Court of Gelderland recently rendered a judgment on the subject of unauthorised agent or representative filings. It deemed that a third party was so closely involved in the distribution agreement between two other parties that it could be ordered to transfer the trademarks that it had registered unauthorised, despite the third party arguing that it could not be regarded as an agent, representative or distributor of the two other parties.

Unauthorised filing of trademarks by agent or representative
AKD NV
  • Intellectual Property
  • Netherlands
  • 24 June 2019

The District Court of Gelderland recently rendered a judgment on the subject of unauthorised agent or representative filings. It deemed that a third party was so closely involved in the distribution agreement between two other parties that it could be ordered to transfer the trademarks that it had registered unauthorised, despite the third party arguing that it could not be regarded as an agent, representative or distributor of the two other parties.

Understanding legal position of digital logistics platforms
AKD The Netherlands
  • Shipping & Transport
  • Netherlands
  • 22 May 2019

Digital platforms which connect logistics service providers with their customers have become commonplace. A relevant question from a legal perspective is whether such a platform acts as a carrier or freight forwarder. The answer to this question will affect a platform's civil and public law exposure. As such, platforms should consider their legal position carefully.

Not all alterations of architectural works result in infringements of moral rights
AKD The Netherlands
  • Litigation
  • Netherlands
  • 30 April 2019

The Supreme Court recently issued a long-awaited decision on an architect's moral rights of paternity and integrity. In recent years, several Dutch judgments have considered whether architects can oppose changes to their original building designs. The Supreme Court's decision further clarifies that it is difficult for architects to do so where the changes are necessary to alter a building's function.

Not all alterations of architectural works result in infringements of moral rights
AKD The Netherlands
  • Intellectual Property
  • Netherlands
  • 29 April 2019

The Supreme Court recently issued a long-awaited decision on an architect's moral rights of paternity and integrity. In recent years, several Dutch judgments have considered whether architects can oppose changes to their original building designs. The Supreme Court's decision further clarifies that it is difficult for architects to do so where the changes are necessary to alter a building's function.

Legislature introduces possibility to claim mass damages in collective action proceedings
AKD The Netherlands
  • Litigation
  • Netherlands
  • 23 April 2019

The Senate recently adopted the Bill on Redress of Mass Damages in Collective Actions (RMDCA). The RMDCA enables representative entities to claim monetary compensation on behalf of their constituents, which provides aggrieved parties with more effective means of redress. The RMDCA also introduces stricter requirements regarding the admissibility of representative entities and the scope of collective action proceedings, along with other procedural changes.

Volume guarantees under transport and logistics contracts
AKD The Netherlands
  • Litigation
  • Netherlands
  • 02 April 2019

A recent Utrecht District Court decision sends a strong reminder to parties in the transport and logistics industry that they must be precise and clear about what they are agreeing to in dealings with their trading partners. While the less formal requirements for concluding an agreement under Dutch law seem to benefit the transport industry, this decision shows that there are pitfalls to be considered.

Volume guarantees under transport and logistics contracts
AKD The Netherlands
  • Shipping & Transport
  • Netherlands
  • 27 March 2019

A recent Utrecht District Court decision sends a strong reminder to parties in the transport and logistics industry that they must be precise and clear about what they are agreeing to in dealings with their trading partners. While the less formal requirements for concluding an agreement under Dutch law seem to benefit the transport industry, this decision shows that there are pitfalls to be considered.

Dutch dismissal law in a nutshell
  • Employment & Benefits
  • Netherlands
  • 13 March 2019

Dutch dismissal law contains certain distinguishing elements which make it unique within Europe. For example, it is based on a dual system, which includes a preventive dismissal assessment. Employers that intend to dismiss employees must be mindful of these unique features. Otherwise, the dismissal attempt may fail, resulting in the nominated employee remaining in the company's employment or the employer paying a higher severance payment to the employee.

Rotterdam court rules in favour of Petrobras investors by accepting jurisdiction
AKD The Netherlands
  • Litigation
  • Netherlands
  • 26 February 2019

The Rotterdam District Court recently assumed jurisdiction over the international securities class action lawsuit against Petrobras Brasileiro SA and others in the Netherlands. The judgment offers valuable insight into how the Dutch courts assess jurisdiction in cross-border collective redress cases. It also illustrates that the Netherlands could act as a collective redress venue in matters relating to events that mainly take place in foreign jurisdictions.

Hema crocodile takes bite out of Lacoste trademark
AKD The Netherlands
  • Litigation
  • Netherlands
  • 19 February 2019

The Hague District Court recently issued a preliminary ruling in which it held that Lacoste could not invoke its famous crocodile trademark in order to prohibit the use of a crocodile motif on children's underwear. This preliminary judgment is one of only a few examples in which the use of a sign has been considered purely decorative (and thus could not be perceived as trademark use). Typically, the courts are restrictive in accepting such a defence.

Hema crocodile takes bite out of Lacoste trademark
AKD NV
  • Intellectual Property
  • Netherlands
  • 18 February 2019

The Hague District Court recently issued a preliminary ruling in which it held that Lacoste could not invoke its famous crocodile trademark in order to prohibit the use of a crocodile motif on children's underwear. This preliminary judgment is one of only a few examples in which the use of a sign has been considered purely decorative (and thus could not be perceived as trademark use). Typically, the courts are restrictive in accepting such a defence.

Small boost in battle against high prices for medicinal products
AKD NV
  • Healthcare & Life Sciences
  • Netherlands
  • 16 January 2019

The Health and Youth Care Inspectorate recently published its report on its investigation into the quality and permissibility of the Amsterdam University Medical Centre's (Amsterdam UMC's) pharmaceutical compounding of its cerebrotendineous xanthomatosis drug, which contains the active substance chenodeoxycholic acid (CDCA). According to the inspectorate, the small-scale preparation of CDCA on prescription by Amsterdam UMC is legally allowed based on an exception under European and Dutch law.

No copyright protection for taste of food
AKD NV
  • Intellectual Property
  • Netherlands
  • 24 December 2018

The European Court of Justice (ECJ) recently rendered its decision in the dispute between Dutch parties Levola and Smilde concerning Levola's cream cheese product. The Arnhem-Leeuwarden Court of Appeal had referred a number of prejudicial questions to the ECJ – in particular, whether a taste can be eligible for copyright protection. Among other things, Levola argued that disallowing copyright protection for the taste of foodstuffs would be contrary to Dutch Supreme Court case law.