Category Archives: litigation

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CJEU Finds Website Operators Using Social Media Plugins Are Joint Controllers

On July 29, 2019, the Court of Justice of the European Union (CJEU) found that a website operator using a social media plugin is a joint controller with the social media company providing the plugin and can be held jointly liable in relation to such processing activities. Although the case was decided under the Privacy … Continue Reading

European Law-Based Parental Tort Liability – Also in Civil Tort?

The European Court of Justice ruled on March 14, 2019, that a parent company can in national civil tort proceedings also be held liable for the damage caused by a competition infringement committed by its subsidiary where such parent company (that holds all the shares in the subsidiary) has dissolved its subsidiary but continued the … Continue Reading

Consumer Duty to Report a Lack of Conformity (Product Defect) Further Explained by Supreme Court in the Netherlands

Introduction A consumer who has purchased a nonconforming (defective) product must report the lack of conformity to the seller within two months of discovery of the deficiency. See Article 7:23, Subsection 1 of the Dutch Civil Code (DCC); and the implementation of Article 5, Subsection 2 of the European Directive 1999/44/EG, which refers to the … Continue Reading

Netherlands Commercial Court Approved by Dutch Senate

On 11 December 2018 the Dutch Senate approved the bill for the establishment of the Netherlands Commercial Court (NCC). The NCC is a separate chamber of the District Court of Amsterdam, specializing in complex international commercial disputes. Proceedings before the NCC will be conducted in English, and judgments will be rendered in English. The NCC … Continue Reading
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