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To Prove or Presume? The EC’s Draft Guidelines on exclusionary abuses

The Commission recently published its Draft Guidelines on Exclusionary Abuses of Dominance, which are meant to reflect the EU case law. However, they seem to deviate on important aspects, arguably simplifying the assessment for establishing an abuse.

FDI screening guidance: shedding some light in the darkness

The Dutch general investment screening regime came into effect in June 2023. Decisions are not yet publicly available. However, three guidance papers list the practical experience gained so far and help to assess whether a transaction is notifiable.

Invalidation of agreements entered into by a bankruptcy trustee with the approval of the supervisory judge under Article 69 of the Bankruptcy Act?

The Dutch Supreme Court handed down a judgment on 15 Dec 2023 clarifying whether agreements entered into by a bankruptcy trustee with the approval of the supervisory judge can be affected by an application under Article 69 of the Dutch Bankruptcy Act.

Arrest Kolin: Beperkingen voor niet-Europese ondernemingen in de Europese overheidsopdrachtenmarkt

Het Kolin-arrest markeert de protectionistische koers van de EU, met grote gevolgen voor de rechtspositie van ondernemingen, gevestigd in niet-Europese landen zonder wederkerige toegang tot de overheidsopdrachtenmarkt.

European Commission to pull the strings of foreign subsidies

The European Commission is adding powers to its toolbox to ensure a level playing field between European and foreign(-backed) companies active on the EU market.

E-book: 'Practical implications of ESG disclosure regulations'

As of 10 March 2021, many financial market participants and financial advisers will be subject to new disclosure obligations following the entry into force of the EU Sustainable Finance Disclosure Regulation (SFDR) on 29 December 2019.

Rent reduction based on Dutch government coronavirus measures: possible or not?

The economic consequences of the 'intelligent lockdown' for the commercial rental sector are slowly becoming visible. Examples of these consequences include a considerable drop in demand, forced closings, and government-imposed operating limitations.

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).

Introduction of dividend withholding tax in relation to low tax jurisdictions as per 2024 and update Dutch double tax treaty policy

This Tax Alert will address two Dutch international tax policy proposals as included in letters that the Dutch State Secretary of Finance recently sent to the Dutch parliament on 29 May 2020. We note that the proposals are still subject to parliamentary d

Auditor liable for not including a provision for a third party claim?

In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]

Stibbe 'Netherlands Tax Firm of the Year'.

The International Tax Review has chosen our Amsterdam Tax team as 'Netherlands Tax Firm of the Year'. This is Stibbe's fourth recognition in recent years, after receiving this distinguished title in 2015, 2017 and 2019.

Spreading fast: Dutch and Belgian COVID-19 State-aid approved

Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.

Bill of law on interest and royalties paid to non-cooperative jurisdictions

The Luxembourg Government proposes to introduce the non-deductibility of interest and royalties expenses of a Luxembourg taxpayer towards collective entities located in a blacklisted jurisdiction.

Certain legal aspects of the corona crisis for the Dutch construction and rental industry

The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering whether they can pause their rent payments.

Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19

The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash fl

How to cope with data protection rules in times of the coronavirus pandemic?

Privacy issues are very pertinent in the fight against the coronavirus. Also in times of a global pandemic, general data protection restrictions must be respected. This section will focus on a number of considerations that can be taken into account.

Daisy Nijkamp and Job van Hooff present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool

Daisy Nijkamp and Job van Hooff, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans

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