141 results Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024. Participatie onder de Omgevingswet Onder de Omgevingswet wordt ingezet op meer vroegtijdige participatie. Toch blijft de inspraakprocedure van afdeling 3.4 Awb (uitgebreide openbare voorbereidingsprocedure (uov)) de belangrijkste en meest uitgewerkte bron van participatie. Abolition of Pledge Prohibitions: New Law in Force The Dutch law on the Abolition of Pledge Prohibitions marks a significant shift in Dutch commercial law, aimed at transforming the landscape for small and medium-sized enterprises to use their receivables as collateral and improve access to financing. ESG and potential director’s liability: taking the lead in the transition to more sustainable business operations There is a lot coming at companies with regard to sustainability matters these days. This could also affect company directors’ responsibilities and liability. In this article, we will discuss some points of attention and share our practical observations. Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects. The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition. Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA). Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance. 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. 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. First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space! 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. Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints. Private Equity in the Netherlands: a Tax Update In today’s rapidly changing tax environment, it is important to keep an overview of all relevant tax developments. CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods. ESG disclosure in equity prospectuses: current state of affairs In a world where ESG takes centre stage, equity prospectuses will need to include disclosure on all material ESG-related matters. Corporate social responsibility for Dutch companies: from B Corp to BVm Since to this date no specific legal form for the social enterprise exists in the Netherlands, companies are looking for other ways to demonstrate their commitment to CSR, for instance by aligning with private codes and labels. The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes. Pagination Previous page Page 5 Page 6 Current page 7 Page 8 Next page
Construction activities under the Environment and Planning Act The nature of the permit system for construction activities will change significantly when the Environment and Planning Act (the “Act”) enters into force on 1 January 2024.
Participatie onder de Omgevingswet Onder de Omgevingswet wordt ingezet op meer vroegtijdige participatie. Toch blijft de inspraakprocedure van afdeling 3.4 Awb (uitgebreide openbare voorbereidingsprocedure (uov)) de belangrijkste en meest uitgewerkte bron van participatie.
Abolition of Pledge Prohibitions: New Law in Force The Dutch law on the Abolition of Pledge Prohibitions marks a significant shift in Dutch commercial law, aimed at transforming the landscape for small and medium-sized enterprises to use their receivables as collateral and improve access to financing.
ESG and potential director’s liability: taking the lead in the transition to more sustainable business operations There is a lot coming at companies with regard to sustainability matters these days. This could also affect company directors’ responsibilities and liability. In this article, we will discuss some points of attention and share our practical observations.
Preventing environmental damage through sustainable cooperation Following the EC’s Horizontal Guidelines, the ACM and CMA have also published updated guidance on sustainability agreements. The approaches adopted by the three authorities are largely similar, but leave room for divergent assessments in some respects.
The impact of geopolitical developments on transactions: a tangled web of rules and hurdles Where is the line between openness and protectionism in the European single market? At both EU and national level, more and more protective barriers against foreign investors and acquirers have been created in the international competition.
Developments in DMA land: EU tags Big Tech as first Gatekeepers The European Commission has designated six Tech Giants (Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft) as gatekeepers for 22 core platform services under the Digital Markets Act (DMA).
Guidelines vs Guidance: exclusionary abuse Guidelines due by 2025 The European Commission is seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance under Article 102 TFEU. In the meantime, the Commission has amended its 2008 Guidance.
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.
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.
First trip around the sun: FSR – one year in review The Foreign Subsidies Regulation has celebrated one year of its application. Time for companies to take stock of the lessons learnt from key developments of this first year. However, ambiguities remain and more is yet to come. Watch this space!
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.
Mondelēz’s fine takes the biscuit: cross-border trade crusade peaks The European Commission has fined Mondelēz EUR 337.5 million for restricting cross-border trade. Brand owners are advised to double-check their licensing and distribution systems, as well as their commercial conduct, for possible territorial restraints.
Private Equity in the Netherlands: a Tax Update In today’s rapidly changing tax environment, it is important to keep an overview of all relevant tax developments.
CBAM: current and future obligations for importers of certain carbon-intensive goods The Carbon Border Adjustment Mechanism (CBAM) came into force on 1 October 2023. Importers of certain carbon-intensive goods have to report on emissions released during the production of those goods.
ESG disclosure in equity prospectuses: current state of affairs In a world where ESG takes centre stage, equity prospectuses will need to include disclosure on all material ESG-related matters.
Corporate social responsibility for Dutch companies: from B Corp to BVm Since to this date no specific legal form for the social enterprise exists in the Netherlands, companies are looking for other ways to demonstrate their commitment to CSR, for instance by aligning with private codes and labels.
The expansion of the ETS to include buildings, road transport and maritime transport: the bill to implement the amended ETS Directive The bill to implement the changes to the European Emission Trading System (ETS) has been submitted to the Lower House. The bill envisages three major changes.