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General Court sends Commission back to drawing board in Belgian tax rulings case

The European Commission has suffered its first court defeat in a tax rulings case. The General Court recently overturned an order to recover over EUR 700 million worth of tax breaks from 55 beneficiaries.

Buckle up: the ACM is racing ahead with speedy solutions and more fines

The Dutch competition watchdog ACM will bite faster and fiercer, according to its new chairman Martijn Snoep. The ACM plans to shorten the length of its investigations by deciding on their merits sooner.

Financial regulatory law update 2019

Several changes to Dutch financial regulatory laws entered into force in January and February 2019. In this article we provide a short summary of these changes.

Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019

Stibbe contributes Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019. This chapter was written by Michael Molenaars, Jeroen Smits, Reinout de Boer and Rogier van der Struijk. Besides providing you with an outline of Dutch corporate incom

Belgian law of 25 November 2018 on various provisions relating to the National Register

The Belgian law of 25 November 2018 containing various provisions relating to the National Register and the population registers has amended the law of 8 August 1983 regulating the National Register and the use of the national identity number.

Commercial interest on overdue interest payments on a loan – uncertainty remains

If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed.

The ACM follows EU approach in its first pharmaceutical merger

The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies.

The need for speed in mergers is no reason to ignore rights of defence

On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.

Transitional rules announced for certain Dutch tax acts in case of no deal Brexit

On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l

UK investment firms will be temporarily exempt from the Dutch licensing requirement as of 30 March 2019

On 4 February, the Dutch Minister of Finance published an amendment to the Exemption Regulation under the Financial Supervision Act (Vrijstellingsregeling Wft). The amendment provides for a temporary exemption from the licencing requirement for investment

Companies unprepared for increasing cyber risks

Companies increasingly face cybercrime incidents. Stibbe offers tailor-made solutions.

European Data Protection Board provides welcoming guidance on the territorial scope of the GDPR

If personal data of a Korean employee working for a U.S. company is processed in the HR department in London, does the GDPR apply? Is the GPDR applicable to a Dutch customer visiting the website of a Canadian company?

European Birds Directive: deviation schemes with varying success

Both the Belgian and French Councils of State have expressed their views on the application of Article 9 of the Birds Directive. This article allows for a scheme that deviates from the prohibition to disturb, hunt, or kill protected bird species.

Steven Hijink joins Dutch Accounting Standards Board

Steven Hijink has been appointed as one of ten members of the Dutch Accounting Standards Board (DASB), the executive body of the Dutch Council for Annual Reporting.

Special regulation on franchise agreements proposed: more protection for franchisees

On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements.

Loyalty rebate scheme 'saved' by pharma company's market misconceptions

The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.

Fine liability in antitrust cases is closely scrutinised by Dutch courts

A parent company can be held liable for a subsidiary's anti-competitive conduct if the parent has exercised decisive influence over the subsidiary, because the two are then considered a single undertaking.

Tick-tock: no reset of the appeal clock for amending Commission decision

The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.

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