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.
The Hague District Court recently rendered a judgment regarding an inventor's failure to cooperate with the exploitation of his patents. The claimant had alleged that the defendant's refusal to cooperate with the transfer of the patent to a foundation (which would have subsequently granted the claimant a licence) had prevented it from exploiting the patent, including sub-licensing it to third parties.
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.
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.
A recent interlocutory judgment on assessing the real risk of market partitioning in an unauthorised parallel import case examined the rationale for reversing the burden of proof and whether the risk of partitioning assessment should take place retroactively or not. Rights holders will welcome the judgment because of the high standard it sets for what evidence qualifies as proof of a real risk of market partitioning.
The Supreme Court has referred another question to the European Court of Justice regarding 'communication to the public' as defined by the EU Infosoc Directive. The referral concerns a dispute between anti-piracy association the BREIN Foundation and two internet service providers hosting the notorious online index of digital content, The Pirate Bay.
The Hague District Court recently rendered a judgment regarding an inventor's failure to cooperate with the exploitation of his patents. The claimant had alleged that the defendant's refusal to cooperate with the transfer of the patent to a foundation (which would have subsequently granted the claimant a licence) had prevented it from exploiting the patent, including sub-licensing it to third parties.
Determining a court's jurisdiction in cross-border class actions involving pure financial damage has proven difficult in practice. This is particularly true when jurisdiction is based on the special competence rules set out in the recast EU Brussels Regulation. The Dutch Shareholders Association v British Petroleum is a good example of the confusion surrounding this matter. After two lower court rulings, the Dutch Supreme Court has applied to the European Court of Justice for a preliminary ruling to gain further clarity.
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.
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.
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.
Ports in the Amsterdam, Rotterdam and Antwerp region are historically known as ship arrest paradises. However, there are developments in connection with conservatory measures which are less well known and that have not been extensively reported on. These developments concern securing evidence following a landmark Supreme Court ruling in 2013, which has served as a starting point for several cases.
Flying the Dutch flag has unfortunately become less popular with shipowners over the past 10 years. Although the exact reasons for this fall in popularity are unknown, the presumption that flying the Dutch flag is limited by the location of the vessel's owner may be a contributing factor. However, although on the face of it only European shipowners appear to be able to obtain a nationality certificate, the scope for flying the Dutch flag is actually much wider.
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.
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.
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.