Blogs

Following our earlier blog on the Opinion of the Advocate General at the Supreme Court regarding the question of whether the (potential) ability to obtain a higher rent constitutes an interest (within the meaning of Article 7:296(3) of the Dutch Civil Code) on the basis of which a lease agreement for 290-type commercial premises can be terminated, we now discuss the judgment of the Supreme Court.

Around holidays and company events, questions often arise about alcohol and drug use in the workplace. More and more employers are adopting a zero-tolerance policy, but that does not always mean it is applied correctly.

The European Pay Transparency Directive (2023/970) aims to reduce the pay gap between men and women. This requires organizations to be more transparent about remuneration, both towards job applicants and towards employees and supervisory bodies. The Netherlands must transpose this European Directive into national legislation. Although a bill has already been proposed, the transposition of the Directive into national legislation has been postponed until 1 January 2027.

The Minister of Social Affairs and Employment stated in a parliamentary letter ated 11 December 2025 that the bill concerning the compensation of the transition payment in cases of long-term incapacity for work must be dealt with urgently.

Almost 1.7 million people work in healthcare in the Netherlands. And even so, there is still a major staff shortage. The staffing shortages in healthcare present new challenges for directors and HR professionals. In practice, we see that this can, for example, lead to the hiring of healthcare workers who later turn out not to be so suitable for working in healthcare. In this blog series, we discuss various employment law issues that you may encounter from the application process through to the end of the employment relationship.

Solar panels and other forms of sustainable roofing create additional weight and pressure on the structure of a building. Sometimes things go wrong and this additional weight causes damage to the building. Can the owner then hold the installer of the solar panels or the installer of the roofing liable for that damage? In two recent cases, the subdistrict court judge in Utrecht ruled: no, that is not possible. How future cases will be decided, however, depends on the circumstances.
 

Differences in vision or interests can arise between shareholders, which may lead to conflicts. Such disputes can put pressure on the continuity of the company and therefore require a careful and strategic approach. In this second part on shareholder disputes, we discuss the legal options for resolving such disputes.

The Act on the Confirmation of a Private Restructuring Plan (WHOA) has by now become a well-known instrument for the restructuring of companies with a heavy debt burden. The WHOA offers possibilities to restructure companies that are in serious financial distress without bankruptcy. In an earlier blog it was already described that, within the WHOA, a role is also assigned to employee participation. It became clear that the works council or staff representation can have a role at the start and during the preparation of a WHOA process. But how does this work in relation to the formation of the WHOA agreement? Is the entrepreneur obliged to submit the WHOA agreement to the works council for advice?

In recent years, grid congestion has been a hot topic. While litigation initially focused mainly on compelling grid operators to provide a connection, disputes are now also arising about contracts in which grid congestion prevents proper performance. The District Court of North Holland addressed this issue in a judgment of 12 November 2025. What exactly was at stake in that case?