55 results No reformatio in peius in Dutch civil procedure: a principle to be cherished? The prohibition of (as the Latin saying goes) reformatio in peius means that the outcome of appeal proceedings may not be that a party ends up in a worse position as a result of its own appeal against a decision by the District Court. Daniël Stein new senior associate at Stibbe We are pleased to announce that Daniël Stein will be joining Stibbe’s Amsterdam office as senior associate. His appointment as from 1 October 2023 will further strengthen our Litigation and Arbitration practice. Stibbe appoints two new counsel in Brussels We are pleased to announce that the Brussels office of Stibbe has appointed Tobe Inghelbrecht (Litigation & Arbitration) and Renaud Smal (Environment & Planning) as Counsel, effective 1 January 2024. Stibbe Brussels appoints five new Counsel Stibbe Brussels has promoted Bastiaan Schelstraete (Environment & Planning), Stefanie François (Environment & Planning), David Verwaerde (Dispute Resolution), Lizelotte De Maeyer (Tax) and Pieter-Jan Leemen (Banking & Finance) to Counsel. Public Dutch Scheme automatically recognized in the EU from 9 January 2022 Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog. Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021. Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK. European Commission clarifies SFDR Level 1 Requirements On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR. Good things are worth waiting for: new law amendments in force for companies in difficulty The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”. The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect. Luxembourg real estate levy: Compliance obligations for Luxembourg investment vehicles As from 1 January 2021, a 20% real estate levy applies to real estate income derived by certain Luxembourg tax opaque investment vehicles owning directly, or indirectly through tax transparent entities, real estate assets located in Luxembourg. New CSSF Circular 22/795 on marketing communications for cross-border distribution of funds The CSSF published on 31 January 2022 the Circular 22/795 regarding the application of the ESMA Guidelines on marketing communications for Luxembourg investment funds (AIFs, UCITS). New double tax treaty concluded between Luxembourg and the United Kingdom: changes ahead Luxembourg and the United Kingdom signed a new Double Tax Treaty on 7 June 2022 which includes several changes that might have an effect on investments involving the two jurisdictions. 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. Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices. Marieke Driessen Partner Amsterdam Bill of law on interest and royalties paid to non-cooperative jurisdictions The Luxembourg Government proposes to introduce the non-deductibility of interest and royalties expenses of a Luxembourg taxpayer towards collective entities located in a blacklisted jurisdiction. The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
No reformatio in peius in Dutch civil procedure: a principle to be cherished? The prohibition of (as the Latin saying goes) reformatio in peius means that the outcome of appeal proceedings may not be that a party ends up in a worse position as a result of its own appeal against a decision by the District Court.
Daniël Stein new senior associate at Stibbe We are pleased to announce that Daniël Stein will be joining Stibbe’s Amsterdam office as senior associate. His appointment as from 1 October 2023 will further strengthen our Litigation and Arbitration practice.
Stibbe appoints two new counsel in Brussels We are pleased to announce that the Brussels office of Stibbe has appointed Tobe Inghelbrecht (Litigation & Arbitration) and Renaud Smal (Environment & Planning) as Counsel, effective 1 January 2024.
Stibbe Brussels appoints five new Counsel Stibbe Brussels has promoted Bastiaan Schelstraete (Environment & Planning), Stefanie François (Environment & Planning), David Verwaerde (Dispute Resolution), Lizelotte De Maeyer (Tax) and Pieter-Jan Leemen (Banking & Finance) to Counsel.
Public Dutch Scheme automatically recognized in the EU from 9 January 2022 Since 9 January 2022, the public type of the Dutch Scheme is automatically recognized in the EU under the European Insolvency Regulation. This will be further discussed in this blog.
Brexit and Private International Law (Part 2 of 2) This second of two blogs discusses the enforcement of UK court judgments in the Netherlands and applicable law. It also gives a brief overview of other EU PIL instruments that have ceased to apply to the UK from 1 January 2021.
Brexit and Private International Law (Part 1 of 2) Since 1 January 2021, EU regulations simplifying cross-border litigation no longer apply in relation to the UK and – in most cases – to parties based in the UK.
European Commission clarifies SFDR Level 1 Requirements On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR.
Good things are worth waiting for: new law amendments in force for companies in difficulty The long-awaited new law amending Book XX of the Code of Economic Law and the Income Tax Code 1992 just came into force. This replaces the "COVID-moratorium" and creates the possibility to restructure a company through a “preparatory agreement”.
The Dutch scheme – highlights of the 10 judgments rendered to date On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect.
Luxembourg real estate levy: Compliance obligations for Luxembourg investment vehicles As from 1 January 2021, a 20% real estate levy applies to real estate income derived by certain Luxembourg tax opaque investment vehicles owning directly, or indirectly through tax transparent entities, real estate assets located in Luxembourg.
New CSSF Circular 22/795 on marketing communications for cross-border distribution of funds The CSSF published on 31 January 2022 the Circular 22/795 regarding the application of the ESMA Guidelines on marketing communications for Luxembourg investment funds (AIFs, UCITS).
New double tax treaty concluded between Luxembourg and the United Kingdom: changes ahead Luxembourg and the United Kingdom signed a new Double Tax Treaty on 7 June 2022 which includes several changes that might have an effect on investments involving the two jurisdictions.
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.
Stibbe Amsterdam appoints three new partners We are pleased to announce that Stibbe Amsterdam has promoted Roos Elemans, Lotte Hover-Boon and Daisy Nijkamp to partner effective 1 January 2025. These appointments will further strengthen our EU and Competition Law, Tax and Litigation practices.
Bill of law on interest and royalties paid to non-cooperative jurisdictions The Luxembourg Government proposes to introduce the non-deductibility of interest and royalties expenses of a Luxembourg taxpayer towards collective entities located in a blacklisted jurisdiction.
The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.