The rapidly changing retail market has not yet created a new reality. The preference for online shopping and the increasing costs of wages and production continue to threaten the margins of retailers and, indirectly, rent prices. As a result, rent for retail space has been dropping for six consecutive years. Due to the increased costs of wages and production, more bankruptcies may follow the ones we have seen already in the Netherlands, and more retailers may decide to stop operating their shops to minimize losses.

In this blog post, we will focus on the obligation to operate retail space and recent verdicts relating to interoperating retail space contracts.
Continue Reading Obligation to Operate: Retail Contracts in the Netherlands

The topic of ‘shared-housing’ is increasingly becoming of interest for clients who invest in residential real estate portfolios. In short, shared-housing can be described as the use of a residential unit by several people who are using a single room for private use and who share the bathroom and the kitchen (and possibly a living-room) with their co-tenants.

From a legal standpoint, shared-housing defers from letting rooms because of the fact that the landlord does not let out single rooms to each person, but lets out the whole unit to several people under one lease agreement or to one person who is granted the right to sublet single rooms in the unit.
Continue Reading Recent ‘Shared-Housing’ Developments in Amsterdam

Introduction

On 1 January 2020, the Dutch Act on the Resolution of Mass Claims in Collective Action (Wet afwikkeling massaschade in collectieve actie) (Dutch acronym: WAMCA) will enter into effect, introducing the possibility of claiming damages on a collective basis under an opt-out regime for Dutch residents and an opt-in regime for parties residing abroad.
Continue Reading New Dutch Act on Collective Damages in Class Actions Effective 1 January 2020

On 20 December 2019 the Dutch Supreme Court delivered its judgment in the case of Urgenda against the Dutch State. In 2013, the NGO Urgenda started a civil law procedure against the Dutch State for “knowingly exposing its own citizens to danger” by not taking sufficient measures to prevent climate change and therefore not preventing the foreseeable harm caused by climate change. The Dutch government acknowledged the potentially harmful consequences of climate change, but argued it could not be ordered to act via a court procedure.
Continue Reading The Dutch Supreme Court Obliges the Dutch Government to Reduce Greenhouse Gas Emissions

The European Court of Justice (ECJ) issued a landmark decision on Dec. 19, 2019, that effectively restricts the resale of legally purchased e-books. The case involved the Dutch company Tom
Continue Reading European Court of Justice’s Landmark Decision on the Resale of E-Books

Ursula von der Leyen, the new president of the European Commission, has called for ‘new proposals to ensure Europe is more resilient to extraterritorial sanctions by third countries and to
Continue Reading EU Sanctions: European Commission President Pushes for Greater Resilience, Proper Enforcement