Generally speaking, for a party to be in default under Dutch Caribbean law a written notice must first be issued in order to put the debtor in default. Giving written notice is in fact nothing more than giving the debtor a second chance to perform correctly. This requirement emphasizes the importance given, in Dutch Caribbean law, to eventual performance of [...]

In an Aruban case the Supreme Court recently ruled that Article 13 of the National Ordinance of the Collection of Direct Taxes, as it applied until June 1, 2014, contains an exhaustive list of acts that suspended or interrupted the limitation period. Since the granting of a deferment of payment is not mentioned in that provision as a ground for [...]

Key aspects in trademark law are the element of similarity and likelihood of confusion. Recently, the General Court of the European Union ruled that apples and pears are not comparable. One would think this has been common knowledge for some time now (Case T‑215/17, Pear Technologies Ltd v European Union Intellectual Property Office). The contested figurative mark in the form [...]

A transfer of an undertaking occurs when a business or part of a business (for example, a business unit) is taken over as a result of a transfer or a merger (or demerger). When under Dutch Caribbean law a transfer of an undertaking takes place there is, by operation of law, a legal obligation on the new employer to take [...]

There is no general rule, under Dutch Caribbean law, that a franchisor should inform a franchisee about the expected turnover or profit. However, such an obligation may exist in specific circumstances, as recent case law illustrates. The case in question concerned a franchisee who had entered into a franchise agreement with a supermarket chain. In that context, the supermarket chain [...]

It has been established, under Dutch Caribbean case law, that if a company suffers a loss caused by a third party, e.g. by not duly performing its contractual obligations vis-à-vis the company or by acts that are wrongful vis-à-vis the company, only the company has the right to reclaim this loss from the third party. The loss does not provide [...]

Earlier this year, the Supreme Court gave an important ruling on the possibility of terminating continuing performance agreements. The case involved a licensing agreement, in relation to a patent, in which a term of 15 years had been agreed upon. In addition, a possibility of termination had been included in the agreement and the arrangement to pay a 'break-up' fee [...]

In a recent case the Supreme Court had to rule on the scope of the investigative powers of the Court of Audit of Curaçao. The parliament of Curaçao had requested the Court of Audit to investigate the policy of telecommunications service provider UTS, of which 87.5% of its shares are owned by the Country. UTS opposed the investigation because it [...]

In previous posts, of December 15, 2016 and July 5, 2017, I already discussed the inquiry procedure in Curaçao that was initiated for several state-owned companies. The inquiry (investigation proceedings) was ordered by the Dutch Caribbean Joint Court of Justice, since it found that there were, prima facie, justified reasons to question the correctness of the company’s policy, including amongst [...]

In September 2017 Hurricane Irma hit most parts of the northeastern Caribbean and the Florida Keys with extreme power (see also our 2017/03 Newsletter). This has caused widespread and catastrophic damage, for instance in St. Maarten which is part of the Kingdom of the Netherlands. Our office also deals with legal matters and proceedings in St. Maarten. In a recent [...]

The personal data landscape in the Dutch Caribbean has changed recently, due to the new General Data Protection Regulation (GDPR), a regulation in European Union (EU) law on data protection and privacy for all individuals within the EU. It also addresses the export of personal data outside the EU. The GDPR aims to give control to citizens and residents over [...]

As a basic principle contracts must be fulfilled, without exception. However, if the relevant circumstances have changed significantly and certain prerequisites are fulfilled, a party to a contract is allowed to seek modification or termination of the contract. But such options are understood in a restrictive way, as they may undermine trust in the binding force of contracts. Dutch Caribbean [...]