Sep 122021
 

30 The term `adequacy` also refers to the amount of compensation awarded in the settlement agreement. One of the implicit starting points of WCAM is that settlement agreements can distinguish between different groups of authorized parties on the basis of the force expected from their recourse to the courts. 15 In addition, in the judgment of the Dexia Court of Justice, the Court held that a settlement agreement was the result of negotiations in which all the parties made concessions. The extent to which they have made concessions reflects not only the legal force of the parties` positions (as perceived by them), but also the perceived interest of each party in an out-of-court solution to the case. As a result, a comparison does not generally result in full compensation for the losses, as originally presented by the willing parties. The Court held that this did not render a transaction inappropriate in itself (6.6. The Court also held, during year DES, that the absence of an emergency clause in the settlement agreement did not render it inappropriate in the particular circumstances of that case. Finito shall pay Mr de Groot, in addition to the redundancy payment referred to in Article 6, an incentive to terminate by mutual agreement in the gross amount of € 10,- (EUR 10 000) within one month from the date of termination, if and to the extent that this agreement is signed by Mr de Groot and Finito is finally made available on 15 February 2018. Mr de Groot is exempted from the non-competition clause in the employment relationship referred to in Article 9(1), the non-debaucher clause provided for in Article 9(2) of the contract of employment and the prohibition of secondary activities referred to in Article 9(3) of the contract of employment. The non-hiring clause provided for in Article 9.4 and the confidentiality clause in Article 9.5 of the employment contract remain in force. – the parties sign this settlement agreement, in accordance with Article 7:900 and in accordance with the Dutch Civil Code, in order to avoid any uncertainty or dispute after legal consultation and careful balancing. Mr. De Groot was supported by De Graauw Legal; 25 For international cases, it is particularly relevant that, in Dexia, the Court of Justice held that it was not necessary for each petitioner to be representative of all parties.

The Court has held that it is sufficient for the joint applicants to sufficiently defend the interests of the persons for whose benefit the concordation agreement was concluded, provided that each of them is sufficiently representative of a sufficient number of those persons (see Dexia, explanatory memorandum 5.26). A well-crafted comparison document ensures that you and the other party execute the agreement. This may include: 2. If Mr de Groot accepts employment elsewhere before the date of dismissal, but not earlier than 1 March 2018, the employment contract shall terminate by mutual agreement, by way of derogation from Article 1.1, at the time when his employment with the new employer begins (the “new termination date”). In this case, half of the remaining salary, including vacation pay and the year-end bonus for the period between the new termination date and the termination date of section 1.1, is added to the severance pay. The employer`s obligation to pay wages ends with the new termination date. All other terms of this Agreement shall remain in full force and effect. If this provision applies, the new termination date replaces the date of termination of the agreement.

M. de Groot is obliged to inform Finito within two working days of acceptance of another job within this period. 28 The “relevance” of the subdivision has many aspects. The first aspect discussed here is the adequacy of the criterion that determines the inclusion of a person in the stakeholder group. Will the Court consider whether the number of persons covered by the settlement agreement is reasonably traced? In DES (5.19. statement of reasons), the Court decided that it would only check whether it was incomprehensible that a number of potentially eligible persons had been excluded from the settlement agreement (in this case the hemophilia patients group). . . .

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