14 results 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. The Insurance Recovery and Resolution Directive The Insurance Recovery and Resolution Directive (IRRD) was published in the Official Journal of the EU on 8 January 2025. The IRRD introduces a new regulatory framework aimed at strengthening the stability and resilience of the EU insurance sector. Stibbe strengthens Corporate, Employment and Tax practices with three Counsel appointments We are proud to announce the promotions of Sophie Brenard (Corporate and M&A), Charlotte Mortiaux (Employment, Benefits and Pensions), and Christophe Martin-Raynaud (Tax) to Counsel, effective 1 January 2025. A digital counterpart to cash? DNB’s findings Central banks, the IMF and various other organisations have been conducting research for several years with respect to a safer way to deposit money than exclusively with commercial banks, and the role of central banks in this respect. 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. 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. The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction. Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector. ESMA publishes report on licencing of fintech firms across europe On 12 July, the European Securities and Markets Authority ("ESMA") published a report on the status of licencing regimes of FinTech firms across the European Union ("EU"). Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers. Digital operational resilience as key priority for financial institutions Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period. On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof and to benefit the bottom line. ESG has thus become an important driver for business considerations. Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.
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.
The Insurance Recovery and Resolution Directive The Insurance Recovery and Resolution Directive (IRRD) was published in the Official Journal of the EU on 8 January 2025. The IRRD introduces a new regulatory framework aimed at strengthening the stability and resilience of the EU insurance sector.
Stibbe strengthens Corporate, Employment and Tax practices with three Counsel appointments We are proud to announce the promotions of Sophie Brenard (Corporate and M&A), Charlotte Mortiaux (Employment, Benefits and Pensions), and Christophe Martin-Raynaud (Tax) to Counsel, effective 1 January 2025.
A digital counterpart to cash? DNB’s findings Central banks, the IMF and various other organisations have been conducting research for several years with respect to a safer way to deposit money than exclusively with commercial banks, and the role of central banks in this respect.
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.
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.
The qualification of a (commercial) contract The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts.
Repsol: Dutch parent company cannot simply be used as anchor defendant to create jurisdiction Foreign entities are often sued in the Netherlands on the basis of the ‘anchor defendant’ construction.
Dutch fintech Action Plan - stimulating growth in the Dutch fintech sector On 3 July 2020, the Dutch Minister of Finance and the Secretary of State for Economic Affairs published an action plan to support the Dutch Fintech sector.
ESMA publishes report on licencing of fintech firms across europe On 12 July, the European Securities and Markets Authority ("ESMA") published a report on the status of licencing regimes of FinTech firms across the European Union ("EU").
Commission publishes PSD3 and PSR Proposal; a tightening of the regulation of payment services providers in the EU On June 28, 2023, the European Commission published a set of new legislative proposals, including PSD3, aimed at ushering in the digital era for payments and the broader financial sector, with a particular focus on consumers.
Digital operational resilience as key priority for financial institutions Financial institutions and third party ICT providers will have to strengthen their IT security organisations, as the European Digital Operational Resilience Act is expected to be fully applicable in early 2025 after a two-year implementation period.
On the Board room agenda: ESG & sustainability risks and opportunities throughout the supply chain When handled properly, ESG and sustainability create opportunities for companies in the real estate sector to make their business model future proof and to benefit the bottom line. ESG has thus become an important driver for business considerations.
Court of Appeal of The Hague rules on liability for antitrust follow on damages claims in the elevator sector In a judgment of 23 January 2024 (case no. 200.304.621 and 200.304.673), the Court of Appeal ruled that elevator manufacturer Kone can be held liable for damages alleged by 23 parties that combined their claims in a litigation vehicle.