Lexence

Coronavirus restrictions to ease further through summer, Corona case law

June 26, 2020 – From July 1st, there will be no more restrictions on the number of attendees at indoor meetings as long as they keep a 1.5 meters distance and a verbal health check is performed. And also in several preliminary relief proceedings the court ruled that the government measures, due the corona virus.

Nanodeeltjes
Key contacts Michiel de Wit
Expertise Leasing law
Reading time 1 min leestijd
Nanodeeltjes
No more limit to attend indoor meetings – From 1 July 2020

From 1 July 2020, there will be no more restrictions on the number of attendees at indoor meetings, as long as they keep a 1.5 meters distance and a verbal health check is  performed. Moreover, gyms and saunas are allowed to open again. If a health check is not possible in advance (a so-called triage), a maximum of hundred persons indoor applies.

Currently, a maximum of thirty persons may be together indoors. That number was supposed to be increased to hundred persons from 1 July. However, the Dutch government decided to ease this planned measure and changed it into an unlimited number of people to be present for meetings indoors, as long as the health status of each  visitors is asked in advance.

First Case Law on the lease of commercial premises – 27 May – 3 June 2020

In several preliminary relief proceedings the court ruled that the government measures (i.e. the closing of the leased space on the authority of the government), due the corona  virus, constitute a defect within the meaning of Section 7:204 (2) of the Dutch Civil Code. In addition, the court ruled that the current government measures qualify as unforeseen  circumstances within the meaning of Article 6:258 DCC and 6:248 (2) DCC. This means  that the lease may be (partially) dissolved or changed on the grounds of reasonableness and fairness resulting in a partial reduction of the rent.

We emphasize that these are all preliminary relief proceedings. Therefore, it remains to be seen how a court will assess these cases when proceedings on the merits are initiated