The advertising war between Rockwool and Kingspan
Rockwool initiated legal proceedings against its primary competitor, Kingspan, regarding the fire safety claims associated with its insulation products. In the wake of the Grenfell Tower tragedy in London, this …Read More
Mediation clause in your contract? Not always obliged to follow a mediation route!
The Supreme Court of The Netherlands ruled on 12 July 2024 that the content of a mediation clause in a contract must be determined by interpreting that clause. In doing …Read More
Default regarding your delivery? Tip: Pay attention to the wording of notice of default
On 12 April 2024, the Supreme Court in The Netherlands gave an opinion on the extent of damages suffered by the buyer as a result of the sellers’ failure to …Read More
Defective or non-compliant product or service?
When a defective or non-compliant product or service is delivered, the contract is often “rescinded” too quickly. There are exceptions but, as a general rule, a specific notice of default …Read More
Notice period of a distribution agreement
A wholesaler selling clothing of the French fashion brand Kookai left Kookai’s invoices unpaid, after which Kookai stopped selling and delivering the clothes. In the proceedings, the wholesaler claimed that …Read More
The automotive is changing its distribution model
Well-known car brands such as Ford, Volvo, Mercedes and Stellantis (collaboration of Fiat Chrysler and Peugeot) are moving from appointing cardealers to agents in Europe, or at least that is …Read More
Distribution agreement or (successive) purchase agreements?
That the difference is important, is shown by the ruling of the Provisional Judge dated June 14, 2022 of the District Court of North Holland.
The court stated that the qualification …Read More
The Dutch Franchise Act: amend existing agreements before 1 January 2023!
A number of provisions of the Dutch Franchise Act took effect immediately on 1 January 2021. The other provisions must be fully implemented as of 1 January 2023 in the …Read More
New EU rules for distribution agreements per June 1, 2022
The European rules for distribution agreements and online platforms have been modernized. On 1 June 2022, a new block exemption regulation for vertical agreements entered into force. This concerns the …Read More
Vienna Sales Convention and the risks of goods
The Rotterdam District Court issued an interesting judgment on March 9, 2022. The case was about the following issue:
Medical agreed with E2C that E2C would provide the transportation of Covid …Read More
