The self-interest of the good employer, annotation to HR March 31, 2017, AR 2017-0393

The self-interest of the good employer, annotation to HR March 31, 2017, AR 2017-0393. Annotation to Supreme Court, 31-03-2017, ECLI:NL:HR:2017:569 (PS-2017-0346, AR 2017-0393)

1. Facts

On March 15, 2015, the book The Pledge (hereafter referred to as the book) was released on behalf of the Residual Debt Fair Share Foundation (hereafter referred to as RED). The book is subtitled How Rabobank preys on its customers' art - Art disappears where Rabo appears. The book describes the cases of two entrepreneurs. Both had businesses that turned out not to be viable, leading to business closure. Both had a credit with Rabobank (hereinafter also referred to as the bank). The bank invoked security rights granted to it to redeem the outstanding debts. This was carried out by the bank's various Special Management departments. The book criticizes the conduct of Rabobank in which names of (former) employees of the bank are mentioned. During the period covered by the book, they were employed by the relevant Special Management departments. In preliminary relief proceedings, Rabobank claimed an injunction against the printing, reproduction and distribution of the contents of the book containing the names of (former) employees of Rabobank, as well as the destruction of the copies already made. The bank took the position that RED had acted unlawfully vis-à-vis the employees in question, for whose interests Rabobank, as employer, was acting.

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