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European Strategy for Data: Analysis of the proposed regulation of data governance

On 25 November 2020, the European Commission published a proposal for a regulation on data governance and a related Q&A. On 1 October 2021, the Council of the European Union agreed position on the Data Governance Act.

Brexit and Private International Law (Part 2 of 2)

This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021.

Stibbe advises BP

Stibbe successfully acted as counsel for BP in proceedings before the Dutch courts and the CJEU.

Brexit and Private International Law (Part 1 of 2)

Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.

Upward referral of killer acquisitions: enlightened or one-stop shop flop?

Companies involved in M&A deals falling below the EU and national notification thresholds need to think twice about their deal’s potential impact on competition from now on.

Abuse of economic dependence: lessons drawn from the first judgments

On 22 August 2020, the ban on abuse of economic dependence was implemented in Belgium. Now that almost a year has passed and the first judgments have been rendered, we assess what first lessons can be drawn from these judgments.

European Commission clarifies SFDR Level 1 Requirements

On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR.

Tax Controversy: Update July 2021

This Alert addresses certain recent developments concerning procedural tax law in the Netherlands. We will discuss some interesting developments with regard to the (revised) Dutch tax ruling practice as per 1 July 2019 and the Tax Ruling Annual Report.

Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package

Recent developments gave rise to write this update: the European Parliament has ratified the Climate Law and confirmed the goal of the European Union on climate neutrality by 2050. 

Towards a European legal framework for the development and use of Artificial Intelligence

Back in 2014, Stephen Hawking said, "The development of full artificial intelligence could spell the end of the human race."

FAQ: What is the disclosure regime for environmental information under the Government Information (Public Access) Act?

In this post, we answer some frequently asked questions about the specific provisions that apply to the disclosure of environmental information.

Online platforms and uploading of protected works: a priori no liability for operators of online platforms

In a judgment dated 22 June 2021, the CJEU clarifies the liability framework of online platform operators when content protected by copyright is uploaded by platform users.

The European Climate Law explained

Co-legislators on the European Climate Law reached a provisional agreement on April 21, 2021. This Climate Law is one of the key elements of the European Green Deal, published by the European Commission in December 2019.

Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS

A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.

Triple-check merger info to prevent costly fines – or worse

Companies should check their merger information for accuracy, truthfulness and completeness before handing it over to the European Commission.

Foreign subsidies: another addition to the M&A checklist

Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.

First material judgment in Dutch damages proceedings in trucks infringement

In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants.

Environmental and financial worlds meet in the “E” of ESG

Developments in the environmental and financial worlds may appear to be at first sight completely separate from each other. In this blog post, we will explain why this no longer applies in 2021.

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