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Dutch Supreme Court clarifies rent increase clause: surcharge of 3% in addition to the agreed indexation according to the CPI is not unfair

Since 2023, there has been a debate as to whether such a surcharge clause should be considered unfair within the meaning of European Directive 93/13/EEC. Case law on this issue and on the possible legal consequences has been divided.

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

Stibbe launches UBO Webtool

In Luxembourg, companies and other legal entities have been required to register their UBO(s) since 31 August 2019. In Belgium, the UBO register is also already operational. The Dutch legislator did not meet the implementation deadline.

International Comparative Legal Guide to Public Procurement 2020 - Luxembourg chapter

The ICLG to Public Procurement 2020 covers common issues in public procurement laws and regulations – including application of the law to entities and contracts, award procedures, exclusions and exemptions – in 29 jurisdictions.

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.

New deal for online deals - EU consumer protection adapted to the digital era

As part of the New Deal for Consumers, aimed to strengthen EU consumer protection in light of the digital era, a new Directive 2019/2161 of 27 November 2019 has been adopted.

Onze Nieuwjaarswens: breng het gunningscontentieux overheidsopdrachten en concessies volledig naar de Raad van State

Onze Nieuwjaarswens: breng het gunningscontentieux overheidsopdrachten en concessies volledig naar de Raad van State!

Stibbe represents KLM Catering Services

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

Luxembourg tax measures relieving companies and self-employed individuals impact

The Luxembourg Government has announced a series of measures aiming at providing tax relief for companies and self-employed individuals in order to address the adverse economic impact of the Covid-19 crisis.

What are the tax consequences of the coronavirus with regard to telework?

The impact of the coronavirus is strongly felt in tax matters. The Ruling Commission has set up an accelerated procedure for the ruling requests concerning the lump sum expense allowances with regard to telework.

Corona Checklist for (Supply) Contracts in the Energy & Industry Sector

The outbreak of the corona virus is affecting economies worldwide. Many governments are taking measures to mitigate the spread of the corona virus. Increasingly, this is leading to supply bottlenecks, assembly line stoppages, etc.

Corona Checklist for (Supply) Contracts in the Energy & Industry Sector

The outbreak of the corona virus is affecting economies worldwide. Many governments are taking measures to mitigate the spread of the corona virus. Increasingly, this is leading to supply bottlenecks, assembly line stoppages, etc.

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.

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