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The Netherlands' Budget Day 2020: the impact of the Dutch 2021 Tax Package on international businesses

In this Tax Alert we will summarize three recent tax developments that are relevant for international business with presence in the Netherlands.

Home, but not alone: Commission may complete dawn raids from home

The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels.

The ACM’s Green Deal: achieving sustainability via competition law?

The ACM has issued draft guidelines on the application of competition law to sustainability agreements.

COVID-19 impacts level and payment of antitrust fines

As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.

Europese richtlijnen grensoverschrijdende omzetting, fusie, splitsing en digitale oprichting kapitaalvennootschappen

Op 25 april 2018 heeft de Europese Commissie een voorstel voor een richtlijn gepubliceerd met betrekking tot grensoverschrijdende omzettingen, fusies en splitsingen.

ICO to impose record-breaking fines for inadequate security measures and data breaches

Though the European data protection authorities have taken their time in enforcing the GDPR two announcements by the ICO in the UK regarding proposed fines for British Airways and Marriott demonstrate that large fines are about to start landing regularly.

Tax Alert: Dutch implementation of the EU Directive on Tax Dispute Resolution

On 9 July 2019, the Senate approved the bill on tax arbitration which implements the EU Directive on tax dispute resolution mechanisms in the European Union ("EU Directive on Tax Dispute Resolution") into Dutch national legislation. The bill will be publi

Tax Alert: Legislative proposal on Dutch implementation of ATAD 2 (anti-hybrid rules)

On 2 July 2019, the Dutch State Secretary of Finance has published a legislative proposal to implement the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") into Dutch domestic legislation (the "Bill"). ATAD 2 provides for minimum standards to neutralize hybri

Prove it or lose it: court sets aside ACM fines in two separate cases

The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.

No parking! Canon fined EUR 28 million for warehousing transaction structure

The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.

Abuse of economic dependence and unfair contract terms in B2B relations: ready for 2020?

Belgium adopted a new act prohibiting the abuse of economic dependence, the use of unfair contract terms and unfair market practices in B2B relationships.

Tax Alert: Revised Dutch tax ruling practice now effective: 1 July 2019

Last Friday 28 June 2019, the Decree on the revised international tax ruling practice as issued by the Dutch Ministry of Finance has been published. The Decree has become effective as per today 1 July 2019.

Stibbe represents Nederlandse Spoorwegen (NS)

Stibbe represented the Dutch railway operator NS in a seminal case in the Netherlands concerning alleged abuse of dominance.

Consultation Document new Dutch Tax group regime released

A public consultation document was published by the State Secretary of Finance on 17 June 2019 which includes four alternative concepts for a tax group regime.

Tax Alert: Consultation Document new Dutch Tax group regime released

On 22 February 2018 the European Court of Justice ("ECJ") ruled that the effective non-application of the Dutch anti-base erosion rules in domestic corporate income tax fiscal unity situations breaches the principle of freedom of establishment (see our ta

Stibbe advises the Abu Dhabi National Oil Company (ADNOC)

Stibbe together with Shearman & Sterling advised the Abu Dhabi National Oil Company (ADNOC) on its newly established global nitrogen fertilizer business joint venture with OCI NV (to be held 42% and 58% respectively).

Initial guidance from the Dutch State Secretary of Finance on the "Danish Cases" relating to beneficial ownership

On 26 February 2019 the European Court of Justice ("ECJ") ruled in various cases regarding the interpretation and non-application of the Parent-Subsidiary Directive ("PSD") and Interest and Royalties Directive ("IRD") in the context of tax avoidance and b

Stibbe advises Athora

Stibbe is advising insurance and reinsurance group Athora on its acquisition of Vivat N.V. from Anbang and the related sale of Vivat Schadeverzekeringen to NN Group. 

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