1646 results 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. The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020. Stibbe advises Bureau Clara Wichmann on possible discriminatory effects of the NOW Research carried out by a team from Stibbe Amsterdam (on a pro bono basis), together with Bureau Clara Wichmann, has concluded that it cannot be ruled out that the Temporary emergency bridging measure for work retention (NOW) discriminates against women. Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”. IJsbrand van Straten appointed as civil-law notary IJsbrand van Straten will be appointed as a civil law notary by the District Court in Amsterdam on 5 November 2020. Jurisdictional hide & seek: merger thresholds and buyer joint ventures Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020. This article has FIVE stars! New Dutch consumer rules to curb fake reviews Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online. General Court confirms: no proof, no dawn raid The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence. Stibbe advises Nuvei Corporation Stibbe has advised Nuvei Corporation, the global payment technology partner of thriving brands, on the acquisition of Smart2Pay. Chambers and Partners Banking & Finance 2020 Global Practice Guide The Chambers Banking & Finance 2020 Global Practice Guide covers 34 jurisdictions and discusses the impact of various topics including; COVID-19, the high-yield market, foreign currency exchange, and debt buy-back. Rechtsmacht bij pauliana: Feniks-arrest leidt tot onvoorzienbaarheid In het arrest Feniks van 4 oktober 2018 heeft het Europees Hof van Justitie meer duidelijkheid geschapen over de vraag welke rechter internationaal bevoegd is in geval van een actio pauliana. Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. Swimming in ECJ case law: The rocky journey to EU law applicability in the continental shelf and exclusive economic zone Regarding activities taking place at sea, the applicability of EU law depends on the nature and geographic location of the activity as well as on the formulation of the geographical scope of the legal instrument. Getting the Deal Through – Private M&A 2021: The Benelux chapters Getting The Deal Through works with many of the best lawyers and law firms in the world to bring together a unique legal information resource, written by experts on each subject area, in every significant jurisdiction. Stibbe advises Rhône Capital and CSM Bakery Solutions Stibbe has advised private equity firm Rhône Capital and CSM Bakery Solutions on the sale of its CSM Ingredients business to Investindustrial. OECD issues updated guidance on the impact of the COVID-19 crisis on tax treaties As noted in our Short Read of 7 April 2020, the Organisation for Economic Cooperation and Development (“OECD”) Secretariat issued preliminary guidance on several tax issues arising from the COVID-19 pandemic on 3 April 2020 (the “April Guidance”). Update on Climate Change Litigation One year after the Dutch Supreme Court upheld the Urgenda decision, climate change litigation is still trending. We discuss four developments in the climate change litigation landscape that build on the principles laid down in the Urgenda case law. Pagination Previous page Page 1 Current page 2 Page 3 Page 4 Next page
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.
The Dutch Scheme – high flexibility in plan contents and possibility to affect group guarantees The Act on confirmation of private restructuring plans – which introduces a framework allowing debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“) – was adopted by the Dutch Senate on 6 October 2020.
Stibbe advises Bureau Clara Wichmann on possible discriminatory effects of the NOW Research carried out by a team from Stibbe Amsterdam (on a pro bono basis), together with Bureau Clara Wichmann, has concluded that it cannot be ruled out that the Temporary emergency bridging measure for work retention (NOW) discriminates against women.
Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”.
IJsbrand van Straten appointed as civil-law notary IJsbrand van Straten will be appointed as a civil law notary by the District Court in Amsterdam on 5 November 2020.
Jurisdictional hide & seek: merger thresholds and buyer joint ventures Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met.
Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020.
This article has FIVE stars! New Dutch consumer rules to curb fake reviews Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online.
General Court confirms: no proof, no dawn raid The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence.
Stibbe advises Nuvei Corporation Stibbe has advised Nuvei Corporation, the global payment technology partner of thriving brands, on the acquisition of Smart2Pay.
Chambers and Partners Banking & Finance 2020 Global Practice Guide The Chambers Banking & Finance 2020 Global Practice Guide covers 34 jurisdictions and discusses the impact of various topics including; COVID-19, the high-yield market, foreign currency exchange, and debt buy-back.
Rechtsmacht bij pauliana: Feniks-arrest leidt tot onvoorzienbaarheid In het arrest Feniks van 4 oktober 2018 heeft het Europees Hof van Justitie meer duidelijkheid geschapen over de vraag welke rechter internationaal bevoegd is in geval van een actio pauliana.
Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds.
Swimming in ECJ case law: The rocky journey to EU law applicability in the continental shelf and exclusive economic zone Regarding activities taking place at sea, the applicability of EU law depends on the nature and geographic location of the activity as well as on the formulation of the geographical scope of the legal instrument.
Getting the Deal Through – Private M&A 2021: The Benelux chapters Getting The Deal Through works with many of the best lawyers and law firms in the world to bring together a unique legal information resource, written by experts on each subject area, in every significant jurisdiction.
Stibbe advises Rhône Capital and CSM Bakery Solutions Stibbe has advised private equity firm Rhône Capital and CSM Bakery Solutions on the sale of its CSM Ingredients business to Investindustrial.
OECD issues updated guidance on the impact of the COVID-19 crisis on tax treaties As noted in our Short Read of 7 April 2020, the Organisation for Economic Cooperation and Development (“OECD”) Secretariat issued preliminary guidance on several tax issues arising from the COVID-19 pandemic on 3 April 2020 (the “April Guidance”).
Update on Climate Change Litigation One year after the Dutch Supreme Court upheld the Urgenda decision, climate change litigation is still trending. We discuss four developments in the climate change litigation landscape that build on the principles laid down in the Urgenda case law.