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The Dutch scheme - a summary of the upcoming new restructuring tool

The Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the "Dutch Scheme").

Dutch Supreme Court ruling on Dutch substantial interest rules

On 10 January 2020, the Dutch Supreme Court ruled on an important case whereby a dividend distribution by a Dutch holding company to its Luxembourg corporate shareholder was subject to Dutch corporate income tax based on the Dutch substantial interest rul

Real Estate Law in the Netherlands 2020

What impact - if any - does local common law in your jurisdiction have on real estate? Do scenarios exist where the right to land diverges from the right to a building constructed upon that land? How can real estate lenders seek to protect themselves from

Access to the file in Dutch competition procedures: too little too late?

Companies beware: the ACM’s and European Commission’s approach to access to the file are not aligned. According to an interim relief judge, the ACM cannot be forced to grant a company access to a broader set of documents in competition procedures.

Deleting WhatsApp chats during dawn raids may cost you dearly

Companies should be aware that the Dutch competition authority (ACM) will not only examine electronic records and emails, but can also check WhatsApp messages during dawn raids.

Floodgates open? ECJ allows cartel damage claim for remote economic loss

A mantra of EU competition law is that "any person" can claim full compensation for all the loss caused to him or her through a competition law infringement.

Competition rules and globalisation to face off in 2020

2020 will likely revolve around the question whether competition rules should yield to globalisation and digitisation, with suggestions ranging from mere tweaks to competition rules to complementary regulation.

Stibbe represents KLM Catering Services

Stibbe represents KLM Catering Services in a pension dispute with its works council.

The impact of COVID-19 (coronavirus) on commercial contracts: force majeure?

Recent measures taken by the Dutch government to contain the outbreak and spread of COVID-19 (a novel Coronavirus) have led to an increase in questions regarding the consequences for commercial contracts.

Dutch tax measures to provide relief for economic impact corona crisis

On 12 March, the Government sent a letter to the lower house of the Dutch parliament setting out a number of measures to mitigate the economic impact of the corona crisis, including a number of tax measures. Below we will provide you with a concise overvi

Update with respect to COVID-19 – Regulated Markets Disclosure & Reporting

The developments with respect to COVID-19 raise a number of challenges for issuers of securities listed on a regulated market relating to – among other things – disclosure of information and periodic financial reporting.

The Dutch scheme – when can it be used, and by whom?

As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – which introduces a framework allowing debtors to restructure their debts outside for

Q&A guidance on revised Dutch tax ruling practice

On 25 February 2020, the Dutch tax authorities have published a Q&A regarding the revised Dutch tax ruling practice. Although the Q&A is for information purposes only and no rights can be derived from the document, it provides some helpful guidance.

CBb confirms: no cartel fine, still interest to appeal cartel decision

Companies can challenge a decision establishing that they committed a competition law violation, even if no fine was imposed on them.

Commission continues cross-border trade crusade

The European Commission is on a roll in its fight against territorial sales restrictions.

ECJ confirms: gun jumping is double trouble

Companies beware: the European Court of Justice has confirmed the Commission’s practice of imposing two separate fines for gun jumping.

Dutch chapter to Chambers Global Practice Guides Corporate Tax 2020

A tax team of Stibbe has contributed the Dutch chapter of Chambers Global Practice Guides Corporate Tax 2020.

Call of duty: Commission must state reasons when straying from its guidelines

The European Commission has lost a second battle concerning its EUR 15 million fine imposed upon interdealer broker ICAP, this time before the European Court of Justice.

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