Publication

Supreme Court: 'Pre-pack not allowed again until statutory regulation' (annotation)

Nils has been a regular author of SDU Commentaar Artikelgewijs since 2013. In his latest contribution of 2023, he provides an explanation of: article 7:670 BW which contains the various notice prohibitions, article 7:672 BW which regulates the notice periods, article 7:674 BW which regulates what happens if the employee dies and article 7:675 BW which describes the death of employer and its possible effect on the employment contract. Finally, Nils has written an explanation of Section 7:676 of the Civil Code which regulates dismissal during the probationary period.

In this series in the Journal of Insolvency Law, this time we focus on the position of employees in the distribution of the assets of the bankrupt employer.

This contribution discusses the judgment of the European Court of Justice of 28 April 2022 in the Heiploeg/FNV case. This judgment answers preliminary questions of the Supreme Court on the quietly prepared bankruptcy restart (the so-called pre-pack).

That the COVID-19 period was an exceptional period is obvious. The question is: what impact did that period have on the jurisprudence and practice of labor law? 

Note to European Court of Justice April 28, 2022, JAR 2022/127

Tackling transgressive behavior in sports: balancing between effective approach and protection of those involved Annotation to rb. Amsterdam

The Supreme Court's recent TUV ruling deals with the employer's duty of investigation in the event of employee termination. A cursory reading of the ruling may give the impression that the Supreme Court is adding nuance to its established case law on the subject. But is this really the case?

Time for conclusions, TvI 2022/1 (Forum, editorial)