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Articles contributed by BarentsKrans N.V.
Legal milestone: Enterprise Chamber grants Clients Council right of investigation
Legal history was made recently when a clients' participation council (‘cliëntenraad’) of a care institution exercised its right of investigation (‘enquêterecht’).
Consumer credit agreements: greater protection for the consumer
An EU Directive has mandated tougher Dutch legislation on consumer credit. A bill to augment consumer protection has now been tabled before Parliament’s House of Representatives.
Special competition regime for homecare
Members of ActiZ, the trade association representing health care suppliers, turned down an agreement in principle negotiated in early May 2010 between the Netherlands Competition Authority (NMa) and ActiZ’ Board. Under the agreement the NMa was to exercise a specially tailored form of supervision for the nursing and home care industry.
Knights in shining armour aiding damsels in distress: a thankless quest with risk of liability?
These days one can well imagine a shareholder finding himself in the position where he needs to decide whether or not to come to the rescue of a company he holds shares in. Inevitably, this brings up the question whether such shareholder does not - needlessly and unconsciously - become liable with respect to the creditors of his "damsel in distress". A recently published ruling by the Netherlands Supreme Court, regarding the bankruptcy of Coutts Eddag Display[1], offers an insight in the answer to this question. Before discussing this judgment in detail, we present a brief introductory remark regarding shareholders liability.
Update of the Dutch Corporate Governance Code
The Dutch Corporate Governance Code Monitoring Committee has published a report with proposals to update the Dutch Corporate Governance Code. In this article you will find a summary of the proposals.
New code of conduct for sponsoring in the Pharmaceutical Industry
The marketing activities of the pharmaceutical industry are keeping people’s mind busy. This subject has recently become the centre of attention again, as a result of the broadcasting of the television show “TROS Radar” about alleged misconduct regarding the marketin g of pharmaceutical products. The show contained, among other things, recordings made with a hidden camera of a medical sales representative who approached patients in the waiting room of a general practitioner. The show has caused some strong responses, including responses of two members of the Dutch Parliament, Van der Veen (PvdA) and Kant (SP).