126 results Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims. ESG and sustainable finance update: how to manage greenwashing risks in green and sustainability-linked loans and bonds With green, sustainable and sustainability-linked debt funding on the rise, how do financial market participants steer clear of greenwashing risks when they provide or attract such debt funding? Op naar hoe: de volgende stap in het AFM-toezicht op duurzaamheidsclaims De Autoriteit Financiële Markten (AFM) maant financiële ondernemingen tot uitgebreidere, concretere en duidelijkere communicatie over duurzaamheid. The top five points for corporate borrowers to protect themselves against bank insolvency in Europe and elsewhere Here are five steps that corporate borrowers can take to protect themselves against the fall-out of their financing banks’ insolvency. French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation. Stibbe advises various financial sector clients on a broad range of ESG/Sustainable finance legal and financial regulatory queries Stibbe’s Financial Markets Group assisted various financial sector clients on interpretation, implementation and compliance issues under the EU SFDR, the EU CSRD, the EU Taxonomy Regulation and Delegated Acts and capital requirements under CRR. Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement. Solace for companies seeking guidance on sustainability agreements Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance. Frequent ESG disclosure issues under the EU Sustainable Finance framework explained ESMA publishes explanatory notes to various concepts under the Taxonomy Regulation, the Sustainable Finance Disclosure Regulation and the Benchmark Regulation. From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying. Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries. Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance. Stibbe participates in CFO Forum on ESG and sustainable value creation Derk Lemstra and Rogier Raas participated in the annual CFO Forum - the Annual edition, organised by Transformation Forums on May 19, 2021. Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention. Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe' The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes. How certain elements of the Dutch scheme may (or may not) affect ISDA Master Agreements On 1 January 2021, the legislative framework for court-approved restructurings of debts outside formal insolvency proceedings (hereafter referred to as the ‘Dutch scheme’, or simply, the ‘scheme’) entered into force. Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld. CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims. Pagination Current page 1 Page 2 Page 3 Page 4 Next page
Key developments in sustainability claims in 2022 In 2022, the ACM and the European Commission put the spotlight on the accuracy of companies’ sustainability claims. Notably, the ACM published several market studies and adopted commitment decisions concerning allegedly misleading sustainability claims.
ESG and sustainable finance update: how to manage greenwashing risks in green and sustainability-linked loans and bonds With green, sustainable and sustainability-linked debt funding on the rise, how do financial market participants steer clear of greenwashing risks when they provide or attract such debt funding?
Op naar hoe: de volgende stap in het AFM-toezicht op duurzaamheidsclaims De Autoriteit Financiële Markten (AFM) maant financiële ondernemingen tot uitgebreidere, concretere en duidelijkere communicatie over duurzaamheid.
The top five points for corporate borrowers to protect themselves against bank insolvency in Europe and elsewhere Here are five steps that corporate borrowers can take to protect themselves against the fall-out of their financing banks’ insolvency.
French supermarket dawn raids down the drain On 9 March 2023, the European Court of Justice (ECJ) ruled that the European Commission should properly record interviews if they are used to gather information regarding the subject matter of the investigation.
Stibbe advises various financial sector clients on a broad range of ESG/Sustainable finance legal and financial regulatory queries Stibbe’s Financial Markets Group assisted various financial sector clients on interpretation, implementation and compliance issues under the EU SFDR, the EU CSRD, the EU Taxonomy Regulation and Delegated Acts and capital requirements under CRR.
Dawn raid drama: bycatch and data rooms Beware of the fine line in antitrust investigations between illegal fishing expeditions and accidental discoveries pointing at a separate antitrust infringement.
Solace for companies seeking guidance on sustainability agreements Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance.
Frequent ESG disclosure issues under the EU Sustainable Finance framework explained ESMA publishes explanatory notes to various concepts under the Taxonomy Regulation, the Sustainable Finance Disclosure Regulation and the Benchmark Regulation.
From Farm to Fairness: Unpacking the Dutch Unfair Trading Practices Act for the Agri-Food Supply Chain Since 2021, Dutch rules against unfair trading practices, which implemented an EU Directive, apply to business-to-business relationships in agri-food supply chains. Enforcement by the ACM, initially slow, is now intensifying.
Dominant firm may refuse to supply retailer after initial delivery The Brussels Court of Appeal has held that a dominant producer firm may have valid reasons to refuse further supplies to a retailer, despite its dominance and despite previous deliveries.
Highest Dutch Court: ACM has not proved dominance of Dutch railway operator NS A high market share is not always proof of a dominant position. The Trade and Industry Appeals Tribunal (CBb) upheld the annulment of the ACM’s fine of nearly EUR 41 million on Dutch railway operator NS for alleged abuse of dominance.
Stibbe participates in CFO Forum on ESG and sustainable value creation Derk Lemstra and Rogier Raas participated in the annual CFO Forum - the Annual edition, organised by Transformation Forums on May 19, 2021.
Financial Regulatory – Update Q1 2021 Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.
Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe' The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes.
How certain elements of the Dutch scheme may (or may not) affect ISDA Master Agreements On 1 January 2021, the legislative framework for court-approved restructurings of debts outside formal insolvency proceedings (hereafter referred to as the ‘Dutch scheme’, or simply, the ‘scheme’) entered into force.
Amsterdam Court of Appeal rules on the applicable law to air freight cartel damages claims On 6 July 2021, the Amsterdam Court of Appeal had to decide whether the pragmatic approach of the Amsterdam District Court, which had applied Dutch law to all air freight cartel damages claims, could be upheld.
CJEU clarifies jurisdiction for follow-on damage claims The Court of Justice of the European Union recently further clarified which courts within the EU have jurisdiction to hear follow-on damage claims.