The team of Paulussen Advocaten is known for its world class climate litigation team. This public interest litigation is focused on holding governments and corporations accountable for their (shared) responsibility to prevent dangerous climate change. The team has extensive knowledge of climate science, global climate policy, international law, human rights law and tort law. Headed […]

A death is a major event in a person’s life. While you are going through the process of coming to terms with it, you will be confronted with a lot that you may not be able to control and which will overwhelm you. Particularly if you are faced with a conflicting settlement, where emotions often […]

Society is growing ever more international in character. This is evident in the labour market too. Employers are increasingly keen to employ foreign employees – or, to use the term in the applicable regulations: foreign nationals. The rules determining when employers are permitted to employ foreign nationals are laid down chiefly in the Foreign Nationals […]

You probably assume that you have sufficient cover for all possible risks to you or to your business. But in reality, when the worst happens, insurance companies do not always pay out, instead keeping tight hold of their purse strings. This can have drastic consequences for the continuity of your business. In such cases, you […]

Trade and transport go hand in hand. For us as a firm operating in the Euroregion, international transport is an important focus area. Transport law provides frameworks for transport agreements, with international road carriage agreements governed by the CMR Convention and domestic transport agreements by Book 8 of the Dutch Civil Code. In the Netherlands, […]

Under the Work and Social Assistance Act (Wet werk en bijstand), anyone entitled to social assistance must notify the municipal authorities of any and all financial matters that may affect the social assistance benefit they and/or their minor children receive. This hinges on factors such as whether there is an ex-partner or a parent who […]

Company law regulates how firms operate on either the basis of partnership agreements, in the case of partnerships, or the law and their own articles of association, in the case of companies with share capital, associations and foundations. It is also concerned with the legal relationships between the partners or directors and – in the […]

Buying or selling a property or a property portfolio? We would be happy to advise you. Authorities, corporations, business owners and other private clients have long relied on us for their property transactions. Our team has in-depth knowledge of the purchase and sale of office buildings, industrial sites, residential housing, retail space and building plots […]

A father is not automatically registered as the legal father at the time of his child’s birth. This only the case by operation of law if the father and mother are married or in a registered partnership at the time that the child is born. In all other situations, the father has to declare his […]

Disciplinary law is intended to uphold the quality of professional practice. Unlike complaints committees, disciplinary courts can institute measures against individual practitioners. In the Netherlands, these are the Medical Disciplinary Tribunals, which handle complaints concerning the manner in which physicians and medical specialists exercise their duties. There is also a Central Medical Disciplinary Tribunal in […]

The government awards subsidies on a daily basis with a view to promoting specific activities. In principle, the government may only provide subsidies where there is a legal basis to do so. Subsidies may be awarded in different forms. Often, a certain sum is allocated to a particular activity, but there are other options too. […]

In the Netherlands, the concepts of ‘director’ (bestuurder) and ‘director under the articles of association’ (statutair bestuurder) are used to refer to persons officially appointed to manage and represent a legal entity (private or public limited company, foundation, association, etc.). Under Dutch labour law, however, a director under the articles of association occupies a special […]

Laws on state aid are becoming an increasingly important part of European and national competition legislation. Our lawyers formulate practical solutions for public authorities and enterprises and have wide-ranging experience of state aid cases. We can perform notifications and advise you on the utilisation of the exemption facilities. We are also knowledgeable about services of […]

Social security is a public system intended to provide guaranteed income and/or healthcare in situations where individuals or families are temporarily or permanently unable to provide for sufficient income and/or care themselves. Often, this involves situations of occupational disability, illness or unemployment. There are a number of different social insurance schemes that are relevant for […]

If you and your partner decide to divorce, mediation is one way in which you can make arrangements beforehand to cover the consequences of the divorce. In divorce mediation, each partner is assisted by a lawyer/vFAS divorce mediator from our firm. The aim of the mediation process is for both spousal partners to work together […]

If you and your partner decide to divorce, mediation is one way in which you can make arrangements beforehand to cover the consequences of the divorce. In divorce mediation, each partner is assisted by a lawyer/vFAS divorce mediator from our firm. The aim of the mediation process is for both spousal partners to work together […]

Living together without being married is a common form of cohabitation and entails various rights and obligations connected with communal property, children, inheritance and so on. What will the consequences be if you make no arrangements for eventualities, and what would having a notarial or private cohabitation contract mean for you and any children you […]

Spatial planning concerns the layout of the physical environment. Instruments used include zoning plans and environmental permits. Important aspects commonly include legislation on expropriation and on nature conservation, losses resulting from government planning decisions, compensation for losses resulting from administrative acts, land development (advance – i.e. pre-zoning plan – agreements) and recovery of costs. Residential, […]

Dutch law recognises two legal forms of enterprise: enterprises that are incorporated and those that are not. An enterprise that is incorporated (i.e. with legal personality) is a legal entity with its own rights and obligations. The law provides for a restricted range of legal entities; for ordinary businesses, the main ones are the private […]

Our lawyers have extensive experience of shaping public-public and public-private partnerships via administrative agreements, joint regulations, cooperation agreements between public and private parties (with/without a joint legal entity or partnership, or variations on this such as a limited partnership [CV] or private limited company [BV]) and partnerships based on models such as the building rights […]

Privacy protection is becoming ever more important for authorities, care institutions and medical institutions, amongst others. The General Data Protection Regulation (AVG) provides broad and rigorous protection of privacy and of privacy sensitive data in both the public and private sectors and lays down rules and frameworks for the processing of personal data. Medical institutions, for […]

Every day, public authorities interact with private parties in countless ways and concerning a diverse range of issues. Example include the conclusion and implementation of contracts (e.g. operating agreements), when issuing decisions (e.g. permits, zoning plans, social assistance, enforcement) and in carrying out acts connected with government responsibilities without an intended legal effect (e.g. maintenance […]

The transfer of obligations upon the transfer of a business enterprise is a complex legal tenet. Such transfers have far-reaching implications for both employers and employees. Among the factors that have to be considered are: – establishing if there is in fact a transfer of business enterprise; – comparing employment conditions (individual/collective); – recommending which […]

When a divorce involves children, it is often even more disruptive and complex than where there are no children at issue. As of 1 March 2009, the law seeks to minimise the disruption that children who are still minors may experience as a result of their parents’ divorce by obligating parents to consult with each […]

When couples divorce, it is important to consider what will happen to the pension that one or both partners accrued during the marriage or partnership. Since 1995, the Equalisation of Pension Rights in the Event of a Divorce Act (Wet verevening pensioenrechten bij scheiding) has stipulated the different options for old-age pensions. The basic rule […]

Administrative law lays down rules for the relationship between the government and citizens, governing dozens of decisions that authorities take every day. This is a broad branch of law, often involving various public authorities (i.e. municipal, provincial, national). These authorities are involved in zoning plans and issuing permits, for instance, and also, frequently, in enforcement […]

Parties to a merger or acquisition always sign a non-disclosure agreement and declaration of intent first. This provides an assurance (mainly for the seller) that confidential data will not be made public and that both parties will endeavour to effect the merger or acquisition by contract. Normally, the buyer will additionally wish to carry out […]

A large share of disputes that arise within the wider sphere of labour law have to do specifically with laws on dismissal. If an employer wishes to end its working relationship with an employee, it has various options. Naturally, the best course is termination by means of a termination agreement, but if the employer and […]

Expropriation and the Municipalities (Preferential Rights) Act (Wet voorkeursrecht gemeenten) are two instruments authorities can use to facilitate spatial development – for instance to enable the proposed development of an industrial park, the restructuring of an urban district or the construction of a residential neighbourhood or road. The Municipalities (Preferential Rights) Act enables municipalities to […]

Circumstances can arise in which the interests of a child require protective measures to be taken, for example via placement under family supervision by a family supervision institution (such as the Youth Care Office) or in custodial care at a youth care institution. Our firm’s juvenile law specialists can advise children, parents and/or other interested […]

The current market presents a demanding and dynamic playing field for doing business. We enable entrepreneurs to stay focused on their core business and provide practical advice and assistance to help them maximise opportunities and minimise risks. Our team consists of specialised lawyers with a keen business sense and experience across all market sectors. We […]

The death of a family member or other loved one brings all sorts of burdens. Apart from coming to terms with the loss, if you are an heir or beneficiary you are also faced with the process of settling the estate. This often means swiftly taking important decisions. If the deceased left no will and […]

The right to a name is one of the first rights accorded in Book 1 of the Dutch Civil Code, which concerns the law of persons and family law. All residents of the Netherlands have a first name and a surname, for which the Civil Code contains rules for their acquisition, use and change. Thus, […]

Environmental law is a specialised field concerned with governmental protection of the environment. It applies a broad definition of this concept, regulating the effects of diverse activities on the surroundings (humans, animals, plants, air, soil, water). Environmental law is always concerned with striking the right balance between environmental interests and the other interests at stake, […]

Employee participation law governs the right of employees to take part in decision-making within an enterprise or institution. It covers topics such as: – when a participation body such as a works council, participation council or client council or an employee representative body must be instituted; – how the working procedures of the participation body […]

The healthcare sector is seeing an increasing number of alliances between care providers, usually aimed at improving care, cutting costs and reinforcing their market position. Not all forms of cooperation between medical and/or care institutions are permitted, however: the rules of competition law apply here, too, as codified in the Competitive Trading Act (Mededingingswet). Our […]

Competition law imposes restrictions on businesses undertaking mergers or acquisitions, on the formation of joint ventures, the distribution of goods and the harmonisation of market behaviour. We can advise you about your options for conducting business and maintaining and expanding your market position, or provide assistance if you have been disadvantaged and suffered losses due […]

Governments sometimes compete with companies without even realising it. The Competitive Trading Act (Mededingingswet ) includes specific rules for market activities by public enterprises, setting out standards for government conduct. The Netherlands Authority for Consumers & Markets (ACM) monitors compliance with these rules and orders penalty payments if necessary. Aggrieved parties can also take matters […]

For parties undertaking M&A projects it is a good idea to agree conditions in advance regarding all confidential information to be shared between them. It is particularly important for the seller that confidential data will not be made public, should the acquisition or merger fail. Signing non-disclosure agreements is therefore a requisite. Where the parties […]

We are living in an era of knowledge, in which protecting and maintaining intellectual property is essential. Our firm can advise you on the options for protecting your intellectual property and on its acquisition and distribution, with a team of specialised lawyers who are experts on the protection and maintenance of intellectual property rights, licence […]

Procurement law is a complex and elaborate area of law that is constantly evolving and subject to all manner of trends. In recent years, tenders have even become commonplace in the private sector, with market parties issuing tenders as though they were contracting authorities offering government projects. Public authorities are also putting more and more […]

ICT law is a relatively new branch of law that intersects with law of obligations (e.g. software agreements), copyright protection of information and protection of privacy. Developments in information technology impact the shape of ICT processes within government and at medical and care institutions. As part of efforts to improve services and care as well […]

Tenancy law offers protection on many fronts, but can equally present unexpected pitfalls. Do tenancy agreements definitively end upon giving notice of termination, or can a tenant refuse to vacate the building nonetheless? If you are a tenant, is it wise to agree to the general terms and conditions of the ROZ Real Estate Council […]

If your business is in trouble – whether it concerns the organisation as a whole or an individual unit – you need to look at ways of getting it back on its feet. Restructuring can take many forms: rationalisation, voluntary arrangements with creditors, disposal or even liquidation. All sorts of aspects have to be considered, […]

Commercial law governs the legal relationships between traders (i.e. businesses), including the legal position of different types of traders, trading methods and commercial conflicts. It encompasses a myriad of laws and regulations, from company law and general law of obligations to competition law, copyright law and national patents law. If you do business across the […]

Health law governs issues such as the rights of patients and care providers and the quality of care, with a focus on care provided by medical and specialised care institutions. Our firm has expert healthcare lawyers who focus on this area of law. Health law also intersects with other legal domains, such as healthcare criminal […]

If you are getting a divorce and were married in community of property or under a marriage contract, the division of the common property and settlement of the marriage contract form a major part of this process. Our legal specialists in marital community property and marriage contracts (prenuptial/postnuptial agreements) can provide you with reliable advice, […]

If you are in business, you want to specialise or grow, for instance by merging with or taking over another company, or by disposing of a part of your own operation. Our team consists of specialised lawyers who are experts in the field of M&A and all the legal dimensions that have to be considered, […]

Need a loan? Then you need collateral: banks invariably demand security. If you are the one extending credit, you, too, want a guarantee in return. Or if you are the guarantor, you want to know all the mortgage or pledge conditions. Other questions that come up include: Can banks cancel a loan if they see […]

Our specialists can assist you in any phase of a bankruptcy – before, during and after. Our lawyers regularly serve as administrators in bankruptcy proceedings for clients including Brema Air II, Taxi Timmermans, De Tovertuin daycare centre, Maastricht Airlines, as well as for various foundations, commercial enterprises, and hotels and restaurants/cafés. The run-up to a […]

Access to affordable energy is a fundamental right that is laid down in diverse laws, including the Heating Supply Act (Warmtewet) and the Electricity Act (Elektriciteitswet 1998). The energy landscape is changing dramatically. Greenhouse gas reduction targets, efforts to secure future access to energy and keep energy affordable make this a dynamic field of major […]

Public authorities and private individuals (including business owners) are increasingly having to grapple with complex issues surrounding ownership and the associated real rights (restricted rights). This is common in partnerships between government and multiple private parties (public-private partnerships, area development projects, etc.), but also in relationships between the government and citizens or among citizens. Given […]

Our firm offers clients who are going through a divorce with personalised assistance to ensure a satisfactory solution to their specific situation. This assistance can take one of three forms. First, as legal counsel to one of the spousal partners, whether in adversarial court proceedings or in a collaborative divorce. In the latter case, each […]

Parties to a merger or acquisition always sign a non-disclosure agreement and declaration of intent first. This provides an assurance (mainly for the seller) that confidential data will not be made public and that both parties will endeavour to effect the merger or acquisition by contract. Normally, the buyer will additionally wish to carry out […]

Distribution and agency agreements perform a key function in domestic and international trade. Producers and suppliers engage distributors and/or agents to get their products to the end users. In the Netherlands, there are crucial differences between distributors and agents. Whereas a business agent acts on behalf and for the account of a producer or supplier […]

Decentralisation refers to the transfer of duties and authorities to the provincial or municipal government that were previously vested in other and/or higher levels of government (e.g. national). Understanding how and where these authorities have now been assigned requires knowledge of both the Provinces Act (Provinciewet) and the Municipalities Act (Gemeentewet). These two acts describe […]

No enterprise or business process could function without contracts, whether for purchasing and sales, R&D or exploring new markets and forms of enterprise. We can give you practical advice to ensure a strong legal foundation for doing business and to firmly establish your rights, obligations and liabilities. Our team of specialised lawyers can offer expertise […]

Consumer law lays down the rights and obligations of consumers in business transactions. The span of consumer law is very broad, encompassing everything from distance purchases and door-to-door sales to energy contracts, telephone subscriptions and insurance policies, to travel industry regulations. Most of the constituent rules in consumer law are of a mandatory nature, meaning […]

Divorce opens up all sorts of emotions and uncertainties for both partners in the marriage. But by agreeing to discuss the situation and its consequences with each other, many problems can be avoided. Our lawyers can assist you during the discussion process by consulting with your (ex-)partner and their lawyer, if necessary guided by a […]

In our densely populated country, good relationships among neighbours are clearly desirable, and yet often lacking. We can advise you about the rights and duties that apply between owners of neighbouring properties as well as on ways of coming to terms with each other. There are all manner of factors that can lead to problems […]

Every building project is different. Our firm has handled many residential and non-residential building projects and groundwork, road and hydraulic engineering projects. We sit down with you to analyse how to complete your project in a timely and sustainable manner and within budget. Building projects require effectively distributing risks and ensuring sufficient securities such as […]

If you, a family member or some other affected party is confronted with a situation in which a loved one is no longer able to look after their own proprietary and/or immaterial interests and you need to know which options are available, you can turn to us for expert guidance. We can advise you on […]

As a managing director or supervisory director or officer, you have to be fully informed about your responsibilities and obligations – both towards the business and vis-à-vis shareholders, employees, creditors and other stakeholders. Sometimes, decisions may call for extra precautions and the need to gain absolute certainty on how things stand. Our specialists can advise […]

Medical errors and liability are directly related; after all, medical errors lead to liability in situations where a physician (e.g. a medical specialist) breaches a standard of due care that he or she ought to have observed. When this happens, the cause of the medical error, its nature and consequences and the factual circumstances under […]

Architects occupy a unique position in any building process, alongside other consultants such as site managers and structural engineers. By virtue of their role, architects and other consultants (operations managers, design engineers) may find themselves confronted with issues involving errors in design, supervision or calculations, the untimely termination of an engagement, contract variations, standstills or […]

The legal relationship between employers and employees is governed by labour law. Everyone is impacted by labour law at some point in time – not only companies and institutions, but also private individuals. Though most people tend to associate labour law with rules on dismissal, its reach is actually much wider. Our labour law experts […]

When a property is divided into apartments, a wide constellation of legal relationships converge. Apartment owners are individually obligated to be members of their owners’ association and collectively are co-owners of the apartment complex. Whereas certain decisions are up to the owners themselves, others have to be agreed within the owners’ association. This makes it […]

Being employed by the government under a unilateral appointment, public servants are governed by specific legal status regulations. Public service law has separate rules and procedures, with provisions such as that any public servant who is dismissed may object and appeal to the administrative court. Public servants are themselves also subject to specific rules (e.g. […]

In a divorce or dissolution of a registered partnership, the spouses or registered partners have to make arrangements for maintenance. This includes spousal maintenance and possibly child maintenance as well. The levels of spousal and child maintenance are determined by the court using a calculation method based on the so-called Trema standards. Our lawyers can […]

You want your customers or clients to know the precise conditions under which you supply, pay for, sell and/or purchase your goods or services – in short, the rules that you as a business apply to all your contracts. These are known as general terms and conditions. They make it clear which rights and obligations […]

Our juvenile law specialists can assist you with queries about the adoption of a child from the Netherlands or abroad, help you file an adoption request with the court, or provide advice on any other matters relating to adoption.