Tag Archives: Amsterdam

Dutch Supreme Court rules is favour of Samsung

Samsung has not infringed the patent op Apple with its table computers according tot the Supreme Court in the Netherlands is a decision of May, 31, 2013. Apple submitted that the Galaxy Tab 10.1v infringed its European patent on the Ipad tablet. The lawyers of Samsung were successfull in fighting the claim op Apple. In the earlier judgment of the District Court and the Court of Appeal the claim of Apple was also ruled out. In several other European countries Apple has also started infringement proceedings.
Samsung Galaxy Tab
According the Courts in the Netherlands the Apple design only has a character of its own to a limited extent. The elements of the design already exist in products that were marketed previously by others. Therefor the scope of legal protection of the design is limited. Various parts of the Samsung tablets are distinct and noticable for users. The Supreme Court confirmed the judgement of the appeal Judge.

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Multinational Holdings in the Netherlands

The Netherlands are the ideal domicile for companies that operate globally. The good fiscal climate in Holland exists especially because of the large amount of tax treaties entered into with other countries. Therefor Holland has an advantage over other countries offering competitive tax schemes. Companies like Cisco, HP, Tesla, Dtek, Abbott, as well as international artists like The Rolling Stones and U2 have found a safe haven for their holdings in the Netherlands, very often in Amsterdam. Several  law firms and tax advisers that can facilitate the holding companies.
Holding Companies in the Netherlands

The organistation promoting the Dutch fiscal climate is the Netherlands Foreign Investment Agency (NFIA). The agency also promotes the advantage for international companies to obtain tax rulings with the Dutch tax Authority. Tax lawyers can negotiate a tax  ruling to establish which part of the profits of a company is subject to tax in the Netherlands.

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Preliminary Relief Proceedings: Quick Judgment of Dutch Judge

Preliminary Judgment Dutch Court

In urgent matters the president of the competent district court (voorzieningenrechter) can file for preliminary relief. The proceedings are called “kort geding “. A writ of summons can be issued at short notice. One court hearing will take place and usually the judge will decide within one or two weeks.

Dutch Legal Advice Netherlands Lawyer

Injunction in urgent matter in the Netherlands

It is a prerequisite that the matter requires an immediate provisional remedy. Only provisional measures can be granted by the judge. The facts of the matter should not be too complicated for such proceedings. If the case is too complicated, the judge will deny the relieve requested and parties will be referred to main proceedings. The judgment allowing preliminary relief does not prejudice the main proceedings. Therefore judgment in the main proceedings may be quite different than provisional judgment.

Remedies in Dutch Court

The available remedies are usually a prohibitory injunction (verbod in kort geding) or a mandatory injunction (gebod in kort geding). Usually the claimant will also request the judge to include a penalty in the judgment for each day the defendant fails to comply with the judgment.
Provisional remedies can also be requested for monetary claims and debt collection. The judge will investigate whether the claim is strong and if the facts and circumstances required an immediate provisional judgment. The risk of repayment will also be assessed.

Summary judgment by Netherlands Court

The Dutch attorney for the claimant will request a date for the court hearing. As soon as the date is fixed, the writ of summons will be issued and the defendant is not obliged to file a defense before the date of the court hearing. The defendant may defend itself orally at the court hearing. Documents should be filed by the defense 24 hours before the court hearing.

The normal rules of evidence do not apply in preliminary relief proceedings. The summary proceedings are not intended for examination of witnesses. The judge may, however, ask questions to people present at the hearing.

Appeal from Dutch Judgment

Within four weeks from the date of the judgment parties can appeal with the court of appeal. In the appeal both parties have to submit written statements. Only if requested by one of the parties an oral hearing takes place.

The judgment can be enforced immediately in appeal by the defendant and does not suspend the judgment.

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Filed under Dutch Law Attachment of Assets, Dutch lawfirm, Jurisdisction Dutch Courts