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Dutch international taxation - current developments

The global debate on alleged aggressive international tax planning initiated by the G20/OECD and the EU, is an important driver of the current developments in the field of international taxation. The following is a high level summary of certain developmen

Court of Appeal in the Netherlands decides to appoint independent economic experts in TenneT v ABB

On 20 July 2018, the Court of Appeal of Gelderland published another interim judgment in the ongoing proceedings between TenneT, the grid operator in the Netherlands, and ABB in relation to the gas insulated switchgear (GIS) infringement.

District Court in the Netherlands rules on limitation periods in CRT case

On 27 June 2018, the District Court of East-Brabant ruled on the limitation periods of a damages claim brought by Vestel in relation to the alleged cathode ray tubes (CRT) cartel.

European Commission issues a new Best Practices Code for State aid control

On 16 July 2018, the European Commission adopted a new Best Practices Code for State aid control. With this code the Commission aims to provide clarity to Member States, businesses and stakeholders about the day-to-day conduct of State aid procedures.

General Court dismisses appeals by investor against power cable cartel fine

On 12 July 2018, the General Court dismissed the appeals against the fines imposed by the European Commission in the power cable cartel.

European Court of Justice dismissed Orange Polska’s appeal in abuse of dominance case

On 25 July 2018, the European Court of Justice rejected Orange Polska's appeal relating to a European Commission decision finding an abuse of dominance on the Polish wholesale broadband market.

Stibbe advises Limburgse Reconversiemaatschappij

Stibbe successfully assisted Limburgse Reconversiemaatschappij on the development of the new greenfield “Kristal Solar Park”.

ACM publishes position paper on market dominance by tech companies

On 1 February 2018, the Dutch Authority for Consumers and Markets (ACM) published a position paper setting out its strategy in relation to market dominance of internet and technology companies.

Court of Justice dismisses all appeals against cartel decision in the freight forwarding sector

On 1 February 2018, the European Court of Justice dismissed the appeals by several freight forwarders for their participation in various infringements in the sector for international air freight forwarding services.

Further guidance on Dutch ATAD implementation and measures against letterbox companies

Further to the policy plans published by the Dutch government in October 2017, the Dutch State Secretary of Finance published on February 23, 2018 a Letter (the "Letter") containing further details on certain aspects of the Dutch government's two way appr

Stibbe advises on the construction of the Drentse Monden and Oostermoer wind farm

On 21 February 2018, the Administrative Jurisdiction Department of the Council of State rendered its judgment on the construction of the Drentse Monden and Oostermoer wind farm. The zoning plan and other permits are now irrevocable and the construction of

Stibbe advises on the construction of the Fryslân wind farm

On 11 July 2018, the Administrative Jurisdiction Division of the Council of State rendered its judgment on, among other things, the zoning plan, the environmental permit and the Nature Conservation Act permit for the Fryslân wind farm. The objections to t

Stibbe advises Maastricht University in summary proceedings about courses in English at Dutch universities

On Friday 6 July, the District Court Midden-Nederland ruled in the summary proceedings filed by Beter Onderwijs Nederland (BON) against Maastricht University, among others, about providing courses in English at Dutch universities. All claims filed by BON

General market studies are insufficient proof to establish dominance, two Dutch District Courts rule

In two recently published Dutch District Court judgments, the high evidentiary standard for invoking competition law arguments in civil proceedings was confirmed.

Court of Justice: Suppliers of luxury goods may prohibit their authorised distributors from selling on third party internet platforms

On 6 December 2017, the Court of Justice rendered its much anticipated judgment in a dispute between a supplier of luxury cosmetics (Coty) and one of its authorised resellers.

Court of Justice dismisses appeal by Telefónica on non-compete clause in telecoms transaction

On 13 December 2017, the Court of Justice dismissed the appeal brought by Telefónica against a judgment of the General Court (GC) regarding a non-compete agreement [see our July 2016 Newsletter].

Stibbe advises former CEO NS

On November 21 2017, the Public Prosecutor demanded a year of unconditional prison sentence against the former president Timo Huges of the Dutch Railways (NS) for his role in alleged fraud concerning the tender for regional public transport in Limburg. On

UK Court upholds fine against Ping for online sales ban

On 7 September 2018, the UK Competition Appeal Tribunal (CAT) upheld the UK Competition and Market Authority's (CMA) decision fining Ping Europe Limited, a manufacturer of golf clubs, for violating EU and UK competition law.

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