HEUSSEN RANKED IN THE IFLR1000 ONCE AGAIN
HEUSSEN is proud to announce that it has been ranked in two practice areas in the IFLR1000 2023 edition and that its Banking & Finance partner and Head of German Desk Sandy van der Schaaf has been ranked as a Rising Star partner. IFLR1000 is a guide to the world’s leading financial and corporate law firms and is focused on benchmarking law firms and lawyers on the basis of financial and corporate transactional work.
お問い合わせ: Sandy van der Schaaf
Legislative bill to amend shareholder dispute resolution procedure
On 21 April 2023, the legislative bill on the amendment of the dispute resolution procedure for shareholders and clarification of admissibility requirements for inquiry proceedings (the "Wagevoe Bill") was submitted to the Council of State (Raad van State) for advice. On 28 June 2023, this body issued its opinion thereon. Below, a number of important topics of the Wagevoe Bill are discussed.
お問い合わせ: Rick J. Dijksterhuis
Act on the Transposition of the European Mobility Directive enters into force
On 1 September 2023, the Act on the Transposition of the Directive on cross-border conversions, mergers and demergers (the “Act”) will enter into force. The Act seeks to transpose European Directive (EU) 2019/2121 (the "Mobility Directive") into Dutch law. The Mobility Directive, which entered into force on 1 January 2020 and should have already been transposed into national law by 31 January 2023, aims to promote freedom of establishment for capital companies within the European Union ("EU"), while also strengthening the rights of stakeholders. This is achieved by introducing new rules on cross-border conversions and demergers and adapting the already existing rules on cross-border mergers.
お問い合わせ: Willem Engels
Reporting obligation CO2 emissions
In 2019 the so-called Climate Agreement was concluded in the Netherlands. One of the commitments is to reduce annual CO2 emissions from work-related passenger mobility by at least 1.5 megatons by 2030. The agreement was further elaborated in the decree "CO2 reduction from work-related passenger mobility".
お問い合わせ: Sam E.J.M. van Well
The restructuring plan under the WHOA
The Act on the court approval of private restructuring plans (Wet Homologatie Onderhands Akkoord or WHOA) makes it easier for a company in financial distress to sit down with its creditors and shareholders at the negotiating table in order to agree upon a reduction of its debt burden as set out in a restructuring plan. Such a restructuring plan can be submitted to the court for ratification (homologatie). After ratification of the restructuring plan, all affected creditors or shareholders are bound by the terms of the plan.
お問い合わせ: Christina F.J. Oudakker
Upcoming Seminar | Dutch litigation: several things to know and practical tips for Chinese companies in case of disputes in the Netherlands
On September 7, 2023, at 16:00, HEUSSEN will hold a seminar on how to deal with legal disputes that Chinese companies in the Netherlands may face. Herman Ruiter, Luuk Rietveld and Dr. Yihua Chen will discuss the Dutch court system and litigation. In addition, the seminar will also explore the Dutch litigation procedures and enforcement of court judgments, alternative dispute resolution methods, and how Chinese companies in the Netherlands can better protect their interests and mitigate their legal risks.
お問い合わせ: Dr. Yihua Chen LL.M.
Earlier clarity on reintegration obligations for small and medium-sized employers
Recently the Minister of Social Affairs and Employment announced several intended legislative amendments. One of the proposed amendments concerns the possibility for small and medium-sized employers (up to 100 employees) – after the first year of illness – to enter into mutual agreement with their ill employees to finalize reintegration in the first track, if this reintegration no longer seems appropriate. In concrete terms, this means that in such cases, the ill employee will no longer be required to reintegrate back to work with the help of the employer in order to resume his/her duties within the current organization.
お問い合わせ: Suzanne Gerritse
PROVISIONALLY ENFORCEABLE JUDGMENT
Legal proceedings usually end with a judgment. If the judgment is not voluntarily complied with, the bailiff can enforce the judgment. The bailiff then proceeds with the execution of the judgment. The enforcement of a judgment is suspended in the event that the party against whom judgment has been given lodges an ‘ordinary legal remedy’ (opposition (verzet), appeal (hoger beroep) or cassation (cassatie)), unless the judgment has been declared provisionally enforceable. In practice, a significant number of judgments are declared provisionally enforceable. What exactly does this mean and what are the (im)possibilities when a judgment has been declared provisionally enforceable and the execution of the judgment has already begun?
お問い合わせ: Luuk Rietveld