16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
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The popularity of celebrities such as artists, actors and athletes has a commercial value.
They have the right to determine whether or not, and how, their portrait is commercially exploited. But, also less known individuals have portrait rights and in some cases can oppose commercial or other use of their portrait.
A portrait is not limited to a picture of a face, but can include other parts of the body as well. What matters is that the portrait can be identified as an individual person. It must be a recognisable image.
If a portrait is used, the person portrayed can oppose the use thereof if he or she has a ‘reasonable interest’. This interest may either be personal a commercial. For famous people, their popularity itself makes the unauthorised use of a portrait in a commercial way unlawful. Personal interest may consist of the use of a portrait in a certain undesirable context. Less known Dutch individuals may therefore also oppose certain forms of portrait use.
The attorneys of GMW lawyers have experience in advising and litigating on portrait rights. In our experience, in many cases going to court can be prevented. Often an amicable settlement can be reached, especially if the unlawfulness of the publication is more or less clear, for example in case of unauthorised use of a photograph in a negative context with which the person depicted has no connection. In some cases, however, going to court cannot be avoided. A rectification or an injunction against further publishing can be claimed in proceedings as well as compensation for damages.
GMW lawyers will be happy to help you with all your intellectual property issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our experts will be glad to support and advise you.
GMW lawyers will be happy to help you with all your intellectual property law issues. Do you have a question? Feel free to contact us.
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16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
Read more
26 March 2026
The conditions for a bank guarantee to lift a seizure
Provisinal (or prejudgment) seizure of a bank account is a powerful tool for creditors to safeguard their recourse position, before a court has ruled definitively on a claim. For the party whose assets are attached, however, such attachment can be highly disruptive.
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23 February 2026
Directors’ liability: often claimed, difficult to prove
Directors’ liability sounds threatening. In practice, however, a claim brought by a bankruptcy trustee is difficult to win. The threshold for directors’ liability is high. It therefore pays to take a critical look at such liability claims and to provide a solid defence.
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27 November 2025
Interpretation of contracts: the Haviltex-ruling
Most business disputes arise from differing interpretations of agreements. That is not surprising. As Paul Scholten already said in 1909: “Words are never clear on their own.”
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2 October 2025
Purchase agreement for electric cars and non-conformity
In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.
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8 September 2025
General Banking Terms: impact on your business
When you enter into an agreement with a bank for a loan or a credit facility (hereinafter referred to as a “financing agreement”), you will often see that the General Banking Terms (Algemene Bank Voorwaarden or ABV) apply to that agreement.
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3 September 2025
What to do as a creditor in a bankruptcy?
What you can do as a creditor in the event of a bankruptcy: from your rights and options to the role of the trustee and supervisory judge, and the ways in which a bankruptcy can be concluded.
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15 July 2025
Termination of financing by the bank: once again it comes down to reasonableness and fairness
The District Court of Limburg recently issued a judgment on the immediate termination of a credit agreement.
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2 June 2025
Can you start legal proceedings for €0,01?
On 26 November 2024, the Rotterdam District Court ruled on a case involving an amount of €0,01. Despite the minimal value, the court decided that there was insufficient interest to proceed. This judgment highlights the principle that a claimant must have sufficient interest to initiate legal proceedings.
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