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66 results

Remedies for breach of contract: what, when and how?

Enforceable obligations are an important aspect of commercial interaction. Contracts provide for this need by proving the terms and conditions to which parties agreed. However, in reality a promise made is not necessarily a promise kept

To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR?

Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera

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.

Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’

By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.

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.

Stibbe advises BP

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

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.

Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions

On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.

Column: Ontneem incidentrapportages niet hun toegevoegde waarde

In deze column uit Monique haar zorg over de zichtbare tendens waarbij de toegevoegde waarde van deze incidentrapportages onder druk komt te staan.

Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime

Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach.

Structural sustainability cannot be enforced through liability

In her inaugural lecture at Leiden University on 22 March, Branda Katan spoke about enforcing sustainability through liability. The number of civil cases against companies is expected to increase in the coming years.

Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks

The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.

Happy first anniversary! One year of the Vifo Act: an update

On the first of June, the Dutch national security investment screening regime (the Vifo Act) celebrated its first anniversary. Time to take stock of key findings and forthcoming developments.

The anti-SLAPP Directive has legal effect

Litigation against, for example journalists, NGOs, and human rights defenders could effectively silence them. To prevent this, the European Parliament and the Council of the European Union recently adopted the anti-SLAPP Directive.

Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

The new sustainability advertising code: lessons from one year of review by the advertising code committee

In the first year since the SAC came into force there have been 22 rulings by the ACC and the AT in which an advertisement has been tested against the SAC. This blog addresses the lessons that can be drawn from an analysis of these rulings.

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