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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.

District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.

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.

EU lift cartel damage claim rejected by Brussels Court of Appeal

After 16 years of court battle, the Brussels Court of Appeal has rejected the EU’s EUR 12 million (+ interest) damage claim against the four lift producers that participated in the lift cartel fined in 2007.

EU Court of Justice ruled on the statute of limitation and scope of applicability of the Damages Directive in Heureka vs. Google

In a judgment of 18 April 2024, the European Court of Justice (“CJEU”) ruled on preliminary questions of the City Court of Prague concerning a damages claim lodged against Google by comparison shopping service provider Heureka.

Stibbe Amsterdam appoints Wouter den Hollander as counsel

We are pleased to announce that Stibbe Amsterdam has appointed Wouter den Hollander as counsel as of 1 April. Wouter’s appointment strengthens Stibbe’s Litigation & Arbitration practice.

Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax

On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met.

Oneerlijk handelspraktijken: misleiding en agressie op het internet

Tom Verdonk en Robin Tess Bolland duiken in de wereld van oneerlijke handelspraktijken in de digitale context. Ze bespreken o.a. de verschillende vormen van oneerlijke handelspraktijken en hoe hierop gehandhaafd wordt door toezichthouders.

EU Council suggests fundamental changes to proposal for Directive on representative actions

The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again.

Claims assigned to a litigation vehicle: who needs to prove what?

Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.

Stibbe represents MAN

Stibbe acts as co-counsel to MAN regarding the European Commission's finding of an antitrust infringement in the truck manufacturing industry.

Stibbe advises BP

Stibbe successfully acted as counsel for BP in proceedings before the Dutch courts and the CJEU.

Stibbe assists New Mountain Capital

Stibbe assisted New Mountain Capital with Luxembourg legal aspects related to the signing of a purchase agreement pursuant to which Grant Thornton Luxembourg will join a new transatlantic professional services platform led by Grant Thornton Advisors LLC.

Legal trend: climate change litigation

The Urgenda case against the Dutch government sets a precedent for climate litigation. With similar cases pending, this blog offers updates on climate change litigation.

HvJ: nationale rechter dient toe te zien op de naleving van de verplichtingen inzake luchtkwaliteit

Bij arrest van 25 juni 2019 (C-723/17) deed het Hof van Justitie uitspraak over enkele prejudiciële vragen, voorgelegd door de Nederlandstalige rechtbank van eerste aanleg Brussel, over de toepassing van de Europese Luchtkwaliteitsrichtlijn (2008/50/EG). 

If EU Damages Directive does not apply, national rules enable claimants to claim EU antitrust damages

The European Court of Justice recently confirmed that if the EU Damages Directive does not apply, it is up to national rules to enable claimants to effectively claim EU antitrust damages.

European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract

Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor’s possibilities of collecting the debt.

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