Bavarian Premier received Ambassador Gallard

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Wednesday, 6 October 2021, Munich, Free State of Bavaria, Germany: In the framework of her official visit in Munich, British Ambassador Jill Gallard was received at the State Chancellery by the Bavarian head of government, Premier Dr. Markus Söder as well as the Head of State Chancellery, Dr. Florian Herrmann, Minister of State for Federal Affairs. 

The bilateral encounter took place at the Council of State Hall. Ambassador Gallard was accompanied by Consul General Simon Kendall

Within Germany, Bavaria is perhaps the largest economic partner for the UK, and therefore the political ties are always of much relevance for both sides. As a matter of fact, the Free State of Bavaria intends to opening an own representation in London, addition to her network in Brussels, Prague, Kyiv, Tel Aviv as well as Addis Ababa. 

As per a Spokesperson from the British Embassy, “there are approximately 14,000 UK nationals living in Bavaria, and the region is popular with British tourists. More than 260 British companies have invested in Bavaria. Over 80% of Scotland’s twinning partnerships are with Bavaria”.


For further information: 


Government of Bavariahttps://www.bayern.de/staatskanzlei/staatsminister-dr-florian-herrmann/


Her Britannic Majesty’s Embassy in the Federal Republic of Germanyhttps://www.gov.uk/world/germany/news

Cabinet Bouden unveiled in Tunisia

Monday, 11 October 2021, Republic of Tunisia: At Carthage Palace, President Kais Saied formally appointed the cabinet led by Najla Bouden, making history herself for being the first woman in the Arab world to occupy the office of a head of government. 

Najla Bouden’s cabinet encompasses twenty-five members, including nine women besides the prime minister. 

Othman Jerandi became chief of diplomacy.  Mohamed Moez Belhassine assumed the leadership of the Ministry of Tourism, a key industry in the north African state. Hitherto he had been serving in the capacity of director-general of Tunisia’s National Tourism Bureau. 

Bouden had been handpicked by President Saeid on 29 September 2021, and entrusted with the mission to form a new government. 

For further information: 
Presidency of Tunisia: https://www.carthage.tn/?q=ar/موكب-أداء-اليمين-لحكومة-السيدة-نجلاء-بودن-رمضان

Katia Borghesi – Objets du Desir 8 – 21 October 2021

An Exhibition about longing, memory & artistic appropriation

‘Objets du Désir’, the solo-exhibition with work by Katia Borghesi and curated by Marie Jeanne de Rooij, will be on view at TV05 (Tournooiveld 5, The Hague) from Friday 8 to Thursday 21 October 2021. Two of Borghesi’s recent series of paintings will be shown for the first time: La Famiglia (Gogottes) & Jouets du XXème Siècle (la série russe). ‘Objets du Désir’ is an exhibition about longing, memory and magical appropriation through the medium of painting.

Friday 8 October 2021 at 5 p.m. ‘Objets du Désir’ will be officially opened by Alexander Khodakov, former ambassador of Russia and writer of a memoir entitled, ‘La Cuisine diplomatique’.

Katia Borghesi decided to choose wholeheartedly for her artistic career after finishing her studies at KABK The Hague and say goodbye to her long employment at international and NGO offices. Using as her motto ‘The best is yet to come…’ she is working non-stop and compellingly on her paintings which always form part of a special series. Borghesi is examining within the framework of a specific theme her personal desire to capture an autobiographical memory or a personal longing in paintings which allows her to ‘own’, to appropriate the desired object through the magic of painting.

With her Italian roots and born and raised in Paris, Katia Borghesi is able to ground easily and from this she developed her fine-tuned antenna to register what is out of the ordinary and seemingly elusive. This sensibility allows her to capture specific patterns in many subtle variations, such as in an earlier but still continuing series, ’04:00 a.m.’ which serially reckons with the monotonous ‘gray’ office years from her past.

In her two most recent series Katia Borghesi paints portraits of objects which re-evoke her memories. ‘La Famiglia (Gogottes)’ is a series in different formats of rare, enchanting sand-sculptures formed by nature itself, unearthed amongst other sites, at Fontainebleau and already uncovered and admired by Louis XIV. During school trips, Borghesi enjoyed as a child the nature, the grass and the sand at Fontainebleau. Much later, by coincidence she discovered images online of these ‘gogottes’ that she portrays in pastel colors and in this way makes them hers.

Also ‘Jouets du XXème Siècle (la série russe)’ is bringing memory and desire together. As a little girl Borghesi dreamed about the toys in shop windows.  She later came across the endearing rubber toys made in Russia dating from the last century while scrolling on the internet, awakening her feeling of ‘I want them’ and memories of her magical childhood. Painting portraits of these ‘objets du désir’ is making ‘owning them’ possible.

Curator Marie Jeanne de Rooij worked earlier as director and curator at Galerie Nouvelles Images, GEMAK & Vrije Academie The Hague and The Hague Sculpture.

Info: www.katiaborghesi.com, contact exhibition: Objetsdudesir@protonmail.com Address: TV05, Tournooiveld 5, The Hague

Opening hours: 8 – 21 October 2021, 3 – 5 p.m. & by appointment.n.b. TV05-location is part of Anna’s Kiss & Ride by Anna Vastgoed & Cultuur, www.annavastgoedencultuur.nl

ICC to submit information on Afghanistan Authorities

Afghanistan: ICC Pre-Trial Chamber II requests the UNSG and the Bureau of the ASP of the ICC to submit information on the identification of the authorities currently representing the Islamic Republic of Afghanistan

Today, 8 October 2021, Pre-Trial Chamber II of the International Criminal Court decided to request the Secretary-General of the United Nations and the Bureau of the Assembly of States Parties of the Court to submit information on the identification of the authorities currently representing the Islamic Republic of Afghanistan.

The Chamber was seized of a request submitted on 27 September 2021 by the Prosecutor, in which he sought the authorization of the Chamber for the resumption of the investigation in the Situation in Afghanistan pursuant to article 18(2) of the Rome Statute, notwithstanding the Government of Afghanistan’s request of 26 March 2020 seeking a deferral of the Prosecutor’s investigation.

The Chamber  noted that article 18 of the Statute  is at the heart of the complementarity regime which underpins the Statute and encapsulates the idea of a process of dialogue of a legal nature, between the Court and the Prosecutor on the one hand, and the relevant State, on the other. It stressed that statements or assumptions of political nature have no place in a Court of law and that it is not within the Chamber’s or any organ of the Court’s purview to determine issues relating to a State’s representation, or to the transition of power within a given State; accordingly, it considered that it needed to receive reliable and updated information as to the identification of the authorities currently representing Afghanistan.

Because of their respective institutional mandates, the entities deemed suitable to provide this type of information at this stage were the Secretary-General of the United Nations and the Bureau of the Assembly of States Party.

Noting the need to promptly and urgently take all steps necessary and appropriate to preserve potential evidence of crimes within the jurisdiction of the Court, the Chamber finally reminded the Prosecutor of the provisions contained in article 18(6) of the Statute, according to which ‘the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available’.

ICC Prosecutor to commence an investigation about the Situation in the Republic of the Philippines

Statement of the Prosecutor of the International Criminal Court, Karim A. A. Khan QC, following judicial authorisation to commence an investigation into the Situation in the Republic of the Philippines

On 15 September 2021, Pre-Trial Chamber I authorised my Office to commence an investigation into the Situation in the Republic of the Philippines.

In my Office’s 24 May 2021 Request, the Prosecution sought authorisation to commence an investigation in relation to crimes within the jurisdiction of the International Criminal Court (“Court” or the “ICC”) allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the “War on Drugs” campaign, as well as any other crimes falling within the jurisdiction of the Court, which are sufficiently linked to these events. The Chamber emphasised that, “based on the facts as they emerge at the present stage and subject to proper investigation and further analysis, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation, and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation.”

In their ruling, the Judges of Pre-Trial Chamber I accepted that there is a reasonable basis to believe that the crime against humanity of murder appears to have been committed. The Judges also noted, as my Office did in its Request, reports of torture and inhumane acts, imprisonment or other severe deprivation of liberty, enforced disappearance, and sexual violence. The Judges authorised my Office to investigate such other crimes, as long as they remain within the parameters of the authorised investigation.

While the Philippines’ withdrawal from the Rome Statute took effect on 17 March 2019, the Judges of the Pre-Trial Chamber confirmed my Office’s position that the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019.

My investigation will seek to uncover the truth and aim to ensure accountability.  We will focus our efforts on ensuring a successful, independent and impartial investigation. In doing so, we aim to bring justice to the victims and affected communities, and count on the support and cooperation of States Parties, civil society and other partners.

As we undertake this necessary work, I remain willing to constructively engage with national authorities in accordance with the principle of complementarity and our obligations under the Statute. I equally look forward to exploring opportunities for greater engagement and dialogue between my Office and the Asia-Pacific region.

Embassy Festival 2021 A Dazzling Array of Colors

By Roy Lie Atjam         

The annual Embassy Festival took place in The Hague on a bright after a summer day, Saturday  4th September 2021. However, reduced in space and with fifteen participants, the atmosphere was as vibrant as could be.

Noteworthy at the festival was the Mayor of The Hague  Mr. Jan van Zanen, September 4  is the mayor’s birthday.

Due to the Covid 19  restrictions, the festival consisted of two parts.

1.Embassy Festival Tour

2.Embassy Festival Experience

Furthermore, visitors to the festival had to choose a time slot of approximately 3 hours and purchase admission tickets in advance.

H.E. Ms. Elizabeth Ward Neiman, Ambassador of Panama at the Panamenian Chancellery.

Part 1. An Embassy Festival Tour on

Friday 3rd September 2021. On the program, visiting a Chancellery, meet and greet with the Head of Mission and staff, food tasting, trying on national costumes, participating in national activities, games and much more. Participants in the Embassy Festival Tour:

 Embassies of Azerbaijan, Estonia, Bolivia, Korea and Panama.

Part 2. The activities on Saturday 4th September 2021 had the theme, Embassy Festival Experience. A breakdown of the program, culinary and rich cultural entertainment, drummers and dancers from India, dancers from Palestine to mention a few. Food  and beverages could be ordered by QR code from the embassy’s menus.

At the Palestinian stand, H.E. Ms. Rawan Sulaiman, Head of the Palestinian Mission in The Netherlands and a colleague.

Participating embassies in the Embassy Festival Experience: Azerbaijan, Bangladesh, Bosnia Herzegovina, Egypt, Ethiopia, Finland, Indonesia, Kenya, Mexico, Moldovia Oman, Pakistan, Palestine, Bolivia, Russia, Sudan, Tunisia, Ukraine and the United Arab Emirates.

Ms. Rana Seraf, Embassy of the Sudan.

Embassy Festival Recipe Booklet

The second edition of the  Embassy Festival recipe booklet was launched. The booklet contains more than 30 mouth-watering international recipes.

All in all, in spite the COVID 19 restrictions, Embassy Festival 2021 has again been a radiant success !

Dreisessel Triangle meeting for Bavaria, Austria and Czechia

Tuesday, 5 October 2021, Neureichenau, Free State of Bavaria: Upon her invitation, Bavaria’s Minister of State for European and International Affairs, Melanie Huml, encountered the Czech Foreign Minister Jakub Kulhánek and Karoline Edtstadler, Austria’s Federal Minister for the EU and Constitutional Affairs, for a personal exchange at Berggasthof Dreisessel in Neureichenau.

The main topic was cross-border cooperation. They all emphasised that the regular and institutionalised coordination amongst the ministries in Munich, Prague and Vienna had proven to be an important instrument during the Corona pandemic. 

At the political exchange amongst the three countries on the Dreisesselberg, representatives of the border regions also had the opportunity to report on their experiences and put forward their suggestions for future cooperation. With the regional representatives, the two ministers and their Czech colleague agreed on a joint conference of the emergency services, a municipal conference of the three countries as a regional exchange forum and networking meeting, and a joint cultural event in the border region. In addition, youth exchange is to be intensified, for example in the form of a joint youth camp.

Furthermore, it was agreed that in the future, higher-level European issues on the future of Europe or a Green Deal should be discussed more intensively in the border regions. To the latter end, this three-country meeting is to be continued. Increased cooperation on scientific topics is also absolutely conceivable, said Huml. “Here in this border region in the border triangle, we are particularly dependent on our close cooperation between Prague, Vienna and Munich due to the spatial proximity and the close cross-border ties, especially of commuters or family relations,” said the Bavarian Minister for European Affairs.

For further information:

Government of Bavaria https://www.bayern.de/dreilaendereck-dreisessel-bayerns-europaministerin-huml-trifft-amtskollegen-aus-tschechien-und-oesterreich-gemeinsame-zukunftsprojekte-huml-gemeinsam-durchstarten-nach-corona/

Kyrgyz Minister of Foreign Affairs met the Secretary General of EU Energy Charter

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The Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Secretary General of the Energy Charter Urban Rusnak in Brussels.

On September 28, 2021, during a visit to Brussels the Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Secretary General of the Energy Charter Urban Rusnak.

The parties discussed issues related to the modernization of the Energy Charter Treaty. Secretary General Urban Rusnak noted the importance of bringing the Energy Charter Treaty in line with the modern requirements of the global energy sector.

Parties exchanged views on further strengthening the interaction with the Charter in attracting investments in the construction of hydroelectric power plants in the Kyrgyz Republic and strengthening the country’s energy security.

Minister R. Kazakbaev informed about the upcoming EU – Central Asia First Economic Forum, which will be held in Bishkek on November 5, 2021, and proposed to organize a separate side event by the Energy Charter.

Kyrgyz Minister met with EU Chief Foreign Policy Adviser

The Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue in Brussels

On September 28, 2021, during a visit to Brussels the Minister of Foreign Affairs of the Kyrgyz Republic, Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue.

During the meeting, the parties discussed the current state of bilateral cooperation between the Kyrgyz Republic and the EU. Minister Kazakbaev informed about the current reforms in Kyrgyzstan and upcoming parliamentary elections to be held on November 28, 2021.

Simon Mordue confirmed the readiness of the European Union to expand partner relations with the Kyrgyz Republic.

Special attention was also given to the upcoming visit of the President of the Kyrgyz Republic Sadyr Japarov to Belgium and meetings with the heads of European institutions. Minister Kazakbaev conveyed an invitation to the President of the European Council Charles Michel to pay a visit to Kyrgyzstan in 2022.

Referring to the situation in Afghanistan and regional security issues, the parties discussed plans for cooperation in the implementation of educational projects for Afghan women, peacebuilding, countering drug trafficking, violent extremism and terrorism.

Separately, parties discussed the issue of vaccination of the population within the framework of the COVAX program and the recognition of vaccination certificates for the Kyrgyz Republic for unhindered entry into European countries.

The parties considered the implementation of projects in the field of environmental protection. The European side expressed interest in expert cooperation in the field of ecology.

Calculation of rent reduction due to lockdown

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How does the court calculate a lower rent due to the lockdown? Does online turnover count? Does it matter whether the tenant or landlord is large or small?

By Reinier Russell

The bottom line in disputes over the lease of retail and hospitality space is clear: the tenant and the landlord must share the pain of the lockdown. Closure due to COVID-19 is an unforeseen circumstance. Therefore, it cannot be contractually excluded if the contracts were concluded before the pandemic. Exoneration clauses, which are included in many rental agreements as standard, are therefore usually not applied by the court.

Equal division of the consequences of loss of turnover

A common starting point for the court is to divide the consequences of the decline in turnover equally between tenant and landlord, resulting in a lower rent. In the event of a 50% loss in turnover, 25% will be for the account of the tenant and 25% will be for the account of the landlord. The court will in this case decide to grant a rent reduction of 25% to the tenant.

Calculation of loss of turnover

But how is the loss of turnover calculated? It seems simple: a shop that is completely closed has no more turnover. The loss of turnover then is 100%. But is that really the case? After all, there are other ways to generate turnover. And do government support measures not count as turnover? In a recent judgment, the Rotterdam District Court answered these questions. It concerned a dispute about the rent of one of the stores of fashion chain Scotch & Soda.

Group level assessment: loss of turnover counts

The court found that the Scotch & Soda stores had indeed suffered a major loss of turnover. However, Scotch & Soda is part of a group with its own online sales. Part of the turnover of the stores may therefore have been transferred to the webshop. The court does not consider the fact that the online turnover is achieved in another legal entity relevant. For that reason Scotch & Soda must first submit the figures for the online turnover in the Netherlands before the court can make a ruling.

Something similar holds for a restaurant that switches to delivery service. However, I think that it can be argued that additional costs incurred for such a switch should be deducted from the turnover. The same applies to savings due to the lockdown (less purchasing, energy consumption, etc.), which should be added to turnover.

Government compensation

Most courts include the reimbursement fixed costs (Tegemoetkoming Vaste Lasten, TVL) in their calculation of the rent reduction. After all, part of the reimbursement fixed costs is explicitly intended for paying the rent. Some judges calculate the rent reduction by adding the TVL to the turnover. Subsequently, they calculate the decline in turnover, and divide this in two. However, it would be more accurate to deduct the part of the TVL that is earmarked for the rent from the rent the tenant must pay. The Amsterdam Court of Appeal has used this calculation in a recent judgment. Only after this lower rent price has been calculated, the judge will take the loss of turnover into account. If the shops, hotels, restaurants or pubs have been closed during the lockdown, this calculation will usually result in less reduction of the rent.

That the NOW scheme is also added to the turnover is less obvious. This scheme is in fact meant to pay labour costs. However, there is something to be said for the reasoning of another Rotterdam judge. This judge states that wages are normally paid from the turnover and that the NOW income therefore counts towards the turnover.

Is the tenant entitled to compensation but has not applied for it? Then the court may rule that this is for the account of the tenant and add the compensation not obtained to the turnover.

Position of tenant and landlord

In the Scotch & Soda case, the position of the landlord was also discussed. After all, the landlord also suffers loss of income due to rent reductions, while the fixed costs continue. Because the loss of income usually remains below the 30% limit, there is usually no right to compensation. However, by the court, the landlord has to substantiate this claim with documents.

Proof of loss of turnover

Whoever wants a rent reduction must provide sufficient information to prove the loss of turnover. And they must be open about other sources of income. A landlord who does not want to reduce the rent will have to prove why this cannot be required from him.

Real estate lawyer

It is important to thoroughly substantiate a request for rent reduction. The real estate specialists at Russell Advocaten will be happy to help you. We will also be pleased to assist you in other disputes concerning rent, lease, purchase and sale of retail space and business premises.

Please contact us:
reinier.russell@russell.nl / +31 20 301 55 55