359 results Netherlands lags behind in implementing amended ETS Directive (Update 2 April 2024) The ETS Directive was amended in May 2023. Member States had until 31 January 2023 to implement the provisions of the amended ETS Directive. The Netherlands failed to meet that implementation deadline. European Commission adopts Delegated Regulations on oversight fees and critical ICT third-party service providers (DORA) and Delegated Regulations under MiCAR On 22 February 2024, the European Commission adopted two Delegated Regulations under the Regulation on digital operational resilience for the financial sector and four Delegated Regulations under the Markets in Crypto-Assets Regulation. The Mediation Clause: legally enforceable? We regularly come across it in commercial practice as part of a contract: the mediation clause. It has long been unclear in Dutch legal practice to what extent a mediation clause is legally binding and therefore enforceable. District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP. Stibbe advised Q-Park on its refinancing transaction Stibbe advised Q-Park, a leading owner and operator of parking facilities across seven Western European countries, on the successful completion of a transaction which included issuing new notes. No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision. Tax Controversy Netherlands: Update March 2024 This Tax Alert addresses certain recent developments concerning procedural tax law in the Netherlands. Unauthorized representation: liability of the intermediary This blog is one of the blogs in a series called “Commercial contracts in the Netherlands”. It is discussed as to under which circumstances third parties can hold the intermediary liable for damage suffered due to unauthorized representation. Kamerbrief Jetten over hernieuwbare energie en voortgang RES’en Op 6 juli 2022 heeft minister Jetten voor Klimaat en Energie een brief aan de Kamer gestuurd over projecten voor windenergie op land en regionale energiestrategieën. Registratie UBO's in het UBO-register: terugmelding, handhaving en sanctionering Vennootschappen en andere juridische entiteiten hadden tot 27 maart 2022 voor de registratie van hun UBO’s (ultimate beneficial owners) bij het Nederlandse UBO-register. Het voldoen aan de UBO-registratie blijft actueel. Climate change and sustainability - Environmental considerations for a sustainable business model Climate change has become the most important sustainability issue of our time. Three major developments in the field of climate and sustainability inevitably affect the way businesses operate and how they move towards more sustainable business models. Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties. Sustainability of exoneration clauses and commercial contracts In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts. Exoneration clauses limit or exclude the debtor’s liability. Spooked no more: antitrust safe harbour for solo self-employed persons The Commission’s guidelines on collective agreements clarify the manoeuvre room solo self-employed persons have under the competition rules to collectively boost their working conditions. A Directive on platform work working conditions is on the way. Dutch Supreme Court clarifies rules on the moment of default by operation of law: can the default be deferred following actions of the creditor? The Dutch Supreme Court rendered judgment on 12 April 2024 ECLI:NL:HR:2024:575, clarifying the moment at which a debtor is in default following non-performance. Developments in the enforcement of share pledges under Dutch law Since the implementation of the Dutch scheme of arrangement on 1 January 2021, a relatively new tool to restructure debts of Dutch corporate entities in order to prevent their insolvency is available in the Netherlands. Luxembourg Draft Law proposes welcome tax clarifications and new provisions On 23 May 2024, the Luxembourg Minister of Finance presented a new draft law to Parliament, packed with notable tax provisions. Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments. Pagination Previous page Page 17 Page 18 Current page 19 Page 20 Next page
Netherlands lags behind in implementing amended ETS Directive (Update 2 April 2024) The ETS Directive was amended in May 2023. Member States had until 31 January 2023 to implement the provisions of the amended ETS Directive. The Netherlands failed to meet that implementation deadline.
European Commission adopts Delegated Regulations on oversight fees and critical ICT third-party service providers (DORA) and Delegated Regulations under MiCAR On 22 February 2024, the European Commission adopted two Delegated Regulations under the Regulation on digital operational resilience for the financial sector and four Delegated Regulations under the Markets in Crypto-Assets Regulation.
The Mediation Clause: legally enforceable? We regularly come across it in commercial practice as part of a contract: the mediation clause. It has long been unclear in Dutch legal practice to what extent a mediation clause is legally binding and therefore enforceable.
District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.
Stibbe advised Q-Park on its refinancing transaction Stibbe advised Q-Park, a leading owner and operator of parking facilities across seven Western European countries, on the successful completion of a transaction which included issuing new notes.
No impairment of the EC’s impartiality: ECJ upholds Scania judgment The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.
Tax Controversy Netherlands: Update March 2024 This Tax Alert addresses certain recent developments concerning procedural tax law in the Netherlands.
Unauthorized representation: liability of the intermediary This blog is one of the blogs in a series called “Commercial contracts in the Netherlands”. It is discussed as to under which circumstances third parties can hold the intermediary liable for damage suffered due to unauthorized representation.
Kamerbrief Jetten over hernieuwbare energie en voortgang RES’en Op 6 juli 2022 heeft minister Jetten voor Klimaat en Energie een brief aan de Kamer gestuurd over projecten voor windenergie op land en regionale energiestrategieën.
Registratie UBO's in het UBO-register: terugmelding, handhaving en sanctionering Vennootschappen en andere juridische entiteiten hadden tot 27 maart 2022 voor de registratie van hun UBO’s (ultimate beneficial owners) bij het Nederlandse UBO-register. Het voldoen aan de UBO-registratie blijft actueel.
Climate change and sustainability - Environmental considerations for a sustainable business model Climate change has become the most important sustainability issue of our time. Three major developments in the field of climate and sustainability inevitably affect the way businesses operate and how they move towards more sustainable business models.
Third-party effect of exoneration clauses in commercial contracts Under Dutch law, the general principle is that contracts only have legal effects for the contracting parties themselves. In principle, contracts have no legal effects for third parties.
Sustainability of exoneration clauses and commercial contracts In Dutch legal practice, contracting parties often agree on exoneration clauses in commercial contracts. Exoneration clauses limit or exclude the debtor’s liability.
Spooked no more: antitrust safe harbour for solo self-employed persons The Commission’s guidelines on collective agreements clarify the manoeuvre room solo self-employed persons have under the competition rules to collectively boost their working conditions. A Directive on platform work working conditions is on the way.
Dutch Supreme Court clarifies rules on the moment of default by operation of law: can the default be deferred following actions of the creditor? The Dutch Supreme Court rendered judgment on 12 April 2024 ECLI:NL:HR:2024:575, clarifying the moment at which a debtor is in default following non-performance.
Developments in the enforcement of share pledges under Dutch law Since the implementation of the Dutch scheme of arrangement on 1 January 2021, a relatively new tool to restructure debts of Dutch corporate entities in order to prevent their insolvency is available in the Netherlands.
Luxembourg Draft Law proposes welcome tax clarifications and new provisions On 23 May 2024, the Luxembourg Minister of Finance presented a new draft law to Parliament, packed with notable tax provisions.
Happy first anniversary! One year of the Vifo Act: an update On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.