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Dutch ruling helps flagged out firms
Page 6
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• A new ruling in the Netherlands administrative court could boost hauliers who have flagged out to Holland. According to leading Dutch transport lawyer Han liallenduuk, the country's licensing authority NM° had believed that any firm that was running its transport operation from the Netherlands needed a CPC holder based there permanently.
However, the court ruled that this was not the case, and that continuous and effective control could be exercised by a transport manager in the UK.
Vallenduuk says that NIWO's attitude was unfairly penalising foreign operators: "They said that my Scottish client had to provide a Dutch CPC holder rather than run the operation from Scotland. Now he can get rid of the man in Holland."
This would allow companies to effectively run a forwarding operation from the UK with the transport side based in Holland.