44 results Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes. Lessons learned from the Dutch Crisis and Recovery Act for an environmental plan To gain timely experience with the possibilities of the ambient plan, the Crisis and Recovery Act (Crisis- en herstelwet) had the possibility of adopting a so-called zoning plan with broadened scope. Supreme Court clarifies rent reductions for catering and retail businesses during corona period On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg. Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management. Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions. ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector. Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision. The Sustainable Finance Package: a game changer in finance Today’s publication of the Sustainable Finance Package will impact large corporates, as well as financial institutions, including asset managers, insurers and others. Foreign subsidies: another addition to the M&A checklist Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals. Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure. Are your distribution contracts ready for the revised VBER? On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines. Stibbe advised Mitiska REIM Stibbe's Real Estate Transaction Group, led by Boris Cammelbeeck, has advised Mitiska REIM with the acquisition of Makado Beek retail center from Syntrus Achmea. Makado Beek is one of the largest retail centers in the Netherlands. The new VBER is here! Time to update your distribution agreements The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r ACM walks the walk: first-ever vertical price coordination fine The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers. Commission reveals first piece of antitrust sustainability puzzle The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules. Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l The next 5 years: European Commission launches New Consumer Agenda Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years. Pagination Current page 1 Page 2 Page 3 Next page
Dutch Supreme Court rules that refurbishment of former woolen fabrics factory into retail center resulted in 'essentially new constructed real estate' for VAT purposes On Friday 11 November 2022 the Dutch Supreme Court ruled that the refurbishment of a former woolen fabrics factory into a retail centre resulted in ‘essentially new constructed real estate’ (in wezen nieuwbouw) for Dutch VAT purposes.
Lessons learned from the Dutch Crisis and Recovery Act for an environmental plan To gain timely experience with the possibilities of the ambient plan, the Crisis and Recovery Act (Crisis- en herstelwet) had the possibility of adopting a so-called zoning plan with broadened scope.
Supreme Court clarifies rent reductions for catering and retail businesses during corona period On 24 December 2021, the Supreme Court ruled on the preliminary questions of the District Court of Limburg.
Gun jumping: beware, the Commission will take action The Commission has imposed interim measures on Illumina and GRAIL. These measures include the obligation to run GRAIL by independent management.
Back to the future – Commission publishes roadmap for green and digital challenges The Commission’s Communication “A competition policy fit for new challenges” (the “Communication”) identifies key areas in which competition law and policy can support European efforts in dealing with the challenges of the green and digital transitions.
ECJ: private enforcement in aviation sector also a national court's game Recently, the ECJ ruled that national courts dealing with private enforcement cases are competent to apply EU competition law to historical behaviour in the aviation sector.
Google Shopping: self-preferencing is a form of abuse of dominance On 10 November 2021, the General Court (GC) almost entirely dismissed Google’s action against the European Commission’s Google Shopping decision.
The Sustainable Finance Package: a game changer in finance Today’s publication of the Sustainable Finance Package will impact large corporates, as well as financial institutions, including asset managers, insurers and others.
Foreign subsidies: another addition to the M&A checklist Checking for merger control notification obligations and Foreign Direct Investment screening mechanisms will be on the list for most companies involved in M&A deals.
Slovak Telekom: ECJ on essentials of the ‘essential facilities’ doctrine Only dominant companies with a “genuinely tight grip” on the market can be forced to grant rivals access to their infrastructure.
Are your distribution contracts ready for the revised VBER? On 9 July 2021, the Commission published its draft revised Vertical Block Exemption Regulation (VBER) and the accompanying Vertical Guidelines.
Stibbe advised Mitiska REIM Stibbe's Real Estate Transaction Group, led by Boris Cammelbeeck, has advised Mitiska REIM with the acquisition of Makado Beek retail center from Syntrus Achmea. Makado Beek is one of the largest retail centers in the Netherlands.
The new VBER is here! Time to update your distribution agreements The new Vertical Block Exemption Regulation (VBER) entered into force on 1 June 2022. The new VBER is stricter on dual distribution and across-platform retail parity obligations than the old one, but is more lenient towards active sales and online sales r
ACM walks the walk: first-ever vertical price coordination fine The Dutch Competition Authority (“ACM”) has claimed a first victim in its vertical restraints battle. Samsung Electronics was fined nearly EUR 40 million for having meddled in the online resale prices for televisions at seven retailers.
Commission reveals first piece of antitrust sustainability puzzle The European Commission has published a Policy Brief setting out its preliminary views on how to fit the European Green Deal’s sustainability goals into the EU competition rules.
Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).
No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l
The next 5 years: European Commission launches New Consumer Agenda Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years.