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Ratification of European Climate Law and unveiling of the ‘Fit for 55’ climate package

Recent developments gave rise to write this update: the European Parliament has ratified the Climate Law and confirmed the goal of the European Union on climate neutrality by 2050. 

The Netherlands' Budget Day 2022

On Tuesday 20 September 2022 (Budget Day; Prinsjesdag), the Dutch Ministry of Finance published the 2023 Tax Package (Belastingpakket) including the 2023 Tax Plan (Belastingplan).

FAQ: What does the energy savings obligation under the Activities Environmental Management Decree mean today and what changes will apply as of 1 July 2023?

Article 2.15 of the Activities Decree currently requires operators of so-called Type A and Type B establishments to implement all energy saving measures with a payback period of five years or less.

The ACM’s priorities in 2023: the energy transition, digitalisation, and sustainability

On 26 January 2023, the ACM announced that its priorities for 2023 would be the energy transition, the digital economy, and sustainability. This agenda is unsurprising in view of the ACM’s recent policy statements and enforcement actions.

District Court ruled on the recognition of the res judicata effect of a Turkish judgment and dismissed an antitrust follow on damages claim regarding the cathode-ray tube markets

The District Court of Oost-Brabant recognized the res judicata effect of a Turkish court of appeal judgment, in which the Turkish court had dismissed antitrust damages claims brought by Vestel against Philips, Samsung, LGE, Technicolor, TTD and TDP.

Game over for dark patterns? ACM fines Epic for unfairly targeting children

The ACM has fined Epic Games for exploiting children’s psychological vulnerabilities, marking a key moment for Dutch consumer law enforcement. Our briefing examines the broader implications for consumer-facing businesses, especially those in online sales.

Stibbe successfully represented Sena in supervisory proceedings concerning transparency obligations

In 2018, the Copyright Supervisory Board (College van Toezicht Auteursrechten, “CvTA”) issued a binding instruction to Sena to publish certain agreements with NPO, RPO, and NLPO as standard license agreements and rates on its website.

EFTA Court: end-use emissions must be assessed in an EIA before fossil fuel project approvals

The EFTA Court held that end-use emissions from oil and gas consumption are effects of extraction projects. Guan Schaiko and Sofie Ulrix analyse advisory opinion E-18/24 and the legal obligation to include Scope 3 emissions under the EIA Directive.

The gift that keeps on giving: Article 22 is here to stay

The European Commission will review a transaction thanks to Italy’s call-in powers. Even though the broad interpretation of Article 22 EUMR is off the table, deals that do not meet standard EU and national merger thresholds may still need to be notified.

No impairment of the EC’s impartiality: ECJ upholds Scania judgment

The ECJ upheld the Commission’s fine on Scania for participating in a cartel. The Commission’s impartiality is not necessarily impaired by having the Commission case team in charge of the settlement procedure also deal with the penalty decision.

EU Compass: Boosting competitiveness as North Star

Are ‘European champion’ companies walled off from unfair (foreign) competition the future? The European Commission recently presented its Competitiveness Compass to navigate the European Union to strengthened competitiveness.

You win some, you lose some: Google AdSense decision annulled

The General Court has annulled the EUR 1.49 billion fine imposed on Google. The Commission had failed to properly assess the allegedly abusive contractual clauses related to online advertising, including whether they actually had a lock-in effect.

Foreign investment developments in 2022

2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation.

The project decision

The projectbesluit (project decision) is one of the six core instruments of the Omgevingswet (Environment and Planning Act). It is a new instrument. This post describes the main features of the project decision and how it is applied.

Solace for companies seeking guidance on sustainability agreements

Now that the European Commission adopted the revised Horizontal Guidelines (HGs), including the new chapter on sustainability agreements, companies wishing to set up sustainability initiatives finally have more certainty on the applicable guidance.

The Ecodesign Regulation: new sustainability obligations for manufacturers

The Ecodesign Regulation entered into force on 18 July 2024. It forms the basis of the EU’s approach to sustainable and circular product design.

Stibbe contributes to CFO Forum 2024

Marieke Driessen, Derk Lemstra and Rogier Raas participated in the CFO Forum - The Annual Meeting 2024, organised by our partner Transformation Forums, on 23 May 2024. You can read the insights of the meeting in the report.

ECJ in Unilever: commercial policy by dominant undertakings on thin ice

Unilever shows the need to assess evidence on lack of anti-competitive effects in abuse cases and how liability can extend across different levels of the supply chain. Dominant undertakings had better think twice when imposing policy on distributors.

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