117 results Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions. ECHR starts substantive hearing of Dutch complaint over downing of flight MH17 The ECHR ruling concerns three complaints against Russia related to human rights violations in the Donbas (eastern Ukraine) since 2014, including the downing of flight MH17. The ECHR finds that the Netherlands' complaint about the downing of flight MH17 Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate. The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy. Relevant amendments regarding the environmental permit For the environmental permit under the Omgevingswet (Environment and Planning Act), many things will change compared to the old legislation. In this blog, we address a number of important changes. The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes. Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024. Building quality assurance under the Environment and Planning Act With the entry into force of the Environment Act ("Ow") on 1 January 2024, a new system of quality assurance will take effect in stages. In this blog post, we discuss the public law part of this new quality assurance system. Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments. Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement. Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies. Private Equity in the Netherlands: a Tax Update In today’s rapidly changing tax environment, it is important to keep an overview of all relevant tax developments. FDI screening guidance: shedding some light in the darkness The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable. Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle. Legal sponsorship of Wildlife Justice Commission We take great pride in our longstanding partnership with the Wildlife Justice Commission, serving as one of their legal sponsors. External safety under the Environment and Planning Act External safety plays a role under the Environment and Planning Act in the drafting of environmental plans and the granting of environmental permits. Compared to the former environmental law regime, some important changes are taking place. CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.
ECHR starts substantive hearing of Dutch complaint over downing of flight MH17 The ECHR ruling concerns three complaints against Russia related to human rights violations in the Donbas (eastern Ukraine) since 2014, including the downing of flight MH17. The ECHR finds that the Netherlands' complaint about the downing of flight MH17
Draft bill published to exclude RETT concurrence exemption for share deals The Dutch government launched an online consultation on a draft bill to exclude the application of the RETT concurrence exemption as per 1 January 2024 in case of the acquisition of a share interest in companies owning newly developed real estate.
The future of nuclear power in the Netherlands (part 2): Borssele preferred site for two new nuclear power plants On 9 December 2022, Minister Jetten for Climate and Energy presented to the Second Chamber of the House of Representatives his further elaboration of the coalition agreement's intentions on nuclear energy.
Relevant amendments regarding the environmental permit For the environmental permit under the Omgevingswet (Environment and Planning Act), many things will change compared to the old legislation. In this blog, we address a number of important changes.
The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes.
Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024.
Building quality assurance under the Environment and Planning Act With the entry into force of the Environment Act ("Ow") on 1 January 2024, a new system of quality assurance will take effect in stages. In this blog post, we discuss the public law part of this new quality assurance system.
Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.
Commission steers market definition to the 21st century Companies have a new and improved tool for the competitive assessment of their conduct and intended acquisitions. The European Commission has updated its guidance on how to define relevant markets for the purpose of EU competition law enforcement.
Supreme Court abandons distinction between primary-coverage clauses and preventive-warranty clauses. Good riddance? The Dutch Supreme Court handed down an important decision on 16 February 2024 on the restrictive standard of reasonableness and fairness with respect to insurance policies.
Private Equity in the Netherlands: a Tax Update In today’s rapidly changing tax environment, it is important to keep an overview of all relevant tax developments.
FDI screening guidance: shedding some light in the darkness The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.
Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.
Legal sponsorship of Wildlife Justice Commission We take great pride in our longstanding partnership with the Wildlife Justice Commission, serving as one of their legal sponsors.
External safety under the Environment and Planning Act External safety plays a role under the Environment and Planning Act in the drafting of environmental plans and the granting of environmental permits. Compared to the former environmental law regime, some important changes are taking place.
CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods.