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The Municipalities Preferential Rights Act as a condition subsequent in Dutch real estate transactions

The Municipalities Preferential Rights Act (Wet voorkeursrecht gemeenten – Wvg) allows municipalities, provinces and the national government of the Netherlands to establish a preferential right on immovable property.

Environmental activities – from establishment to environmentally harmful activity (milieubelastende activiteit)

Under the Environment and Planning Act (Omgevingswet), the concept of establishment is no longer the focal point for the regulation, but rather the environmentally harmful activity. In this blog post, we among others describe what happens to permits.

Environmental rules in the environmental plan

With the arrival of the Omgevingswet (Environment and Planning Act) as of 1 January 2024, the concept of the omgevingsplan (environmental plan) will make its appearance.

Unified Patent Court and Unitary Patent

On the 1st of June 2023, the European patent landscape has undergone a substantial change with the launch of the Unified Patent Court (‘UPC’) and the Unitary Patent.

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.

Compliance with the information duty by hyperlink to general terms and conditions

The applicability of a choice-of-court clause in general terms and conditions referred to by a hyperlink in the contract does NOT require the other party to have ticked a separate box for consent to the applicability of those GT&C.

New ROZ model for the lease of 290 business premises

After more than ten years, the Dutch Real Estate Council (ROZ) has adopted a new version of the model lease for 290 business premises and the accompanying general provisions.

Belgian Competition Authority concludes first hybrid cartel proceedings

On 23 October 2023, the Belgian Competition Authority (the BCA) concluded its first hybrid cartel proceedings by imposing a fine of EUR 778.777 on CERP SA (CERP) for participating in anticompetitive practices in the pharmaceutical distribution sector.

ESG disclosure in equity prospectuses: current state of affairs

In a world where ESG takes centre stage, equity prospectuses will need to include disclosure on all material ESG-related matters.

Granting of declaratory relief sought in collective action: new limitation period for all related individual claims?

The Arnhem-Leeuwarden Court of Appeal recently ruled that if a collective action within the meaning of Article 3:305a (old) of the Dutch Civil Code leads to the granting of the requested declaratory relief.

EU institutions agree on Corporate Sustainability Due Diligence Directive: what to expect?

On 14 December 2023, the Council of the European Union and the European Parliament agreed on a compromise text for the Corporate Sustainability Due Diligence Directive (“CSDDD”).

Upper House Approval of Dutch 2024 Tax Package and certain other proposals

On Tuesday 19 December 2023 – exactly three months after publication – the Upper House of the Dutch parliament adopted the 2024 Tax Package (Pakket Belastingplan) including the 2024 Tax Plan (Belastingplan) and certain other proposals that were published.

ESG and potential director’s liability: taking the lead in the transition to more sustainable business operations

There is a lot coming at companies with regard to sustainability matters these days. This could also affect company directors’ responsibilities and liability. In this article, we will discuss some points of attention and share our practical observations.

Pillar Two law passed by Luxembourg Parliament

On 20 December, the Luxembourg Parliament adopted bill of law 8292 implementing Council Directive 2022/2523 on ensuring a global min. level of taxation for multinational enterprise groups & large-scale domestic groups in the EU, also known as Pillar Two.

Developments in green bonds: On 21 December 2024 the EU Green Bond Regulation starts to apply

In this blog, Marieke Driessen and Niek Groenendijk of our Financial Markets team discuss the EU green bonds regulation which will start applying in 2024. 

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