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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.

Enforcement of open, sustainability-oriented CSDDD standards: lessons from administrative law

Tom Barkhuysen and Valérie van 't Lam wrote a preliminary opinion for the Koninklijke Vereeniging 'Handelsrecht' on how to enforce the CSDDD's open standards.

Structural sustainability cannot be enforced through liability

In her inaugural lecture at Leiden University on 22 March, Branda Katan spoke about enforcing sustainability through liability. The number of civil cases against companies is expected to increase in the coming years.

Digital Law Up(to)date: Dismissal of a complaint by the DPA for not processing the complainant's data

A recent decision by the litigation chamber of the Belgian DPA can be put into perspective with the decision of the Supreme Court of 7 October 2021 considering that the DPA has to deal with a complaint filed by a person whose data had not been processed.

Dust off your dawn raid manuals: the heat is (back) on

Companies should brace themselves for multiple multi-jurisdictional dawn raids over the coming months.

Law and AI (part 3): towards a European perspective in intellectual property?

On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and resolution IP rights for the development of AI technologies.

Law and AI (part 2): towards a European framework in line with the ethical values of the EU?

On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and the resolution on AI and a framework of ethical aspects.

Law and AI (part 1): towards a European civil liability regime?

On 20 October 2020, the European Parliamentary Assembly adopted, on the basis of three reports, three resolutions on AI from three different perspectives. In this blog, we discuss the report and the resolution on a civil liability regime for AI.

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.

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Equity raises: prospectus exemptions and share issuance approvals

In this note we discuss the interplay between prospectus exemptions and share issuance authorisations of listed Dutch companies. Prospectus exemptions are expanded under the EU Listing Act, but will Dutch issuers be able to take full advantage?

Greenwashing in the EU financial markets: sustainable finance status update

The European financial markets feature numerous financial products with characteristics such as ‘green’, ‘ESG’, ‘sustainable’, ‘climate’, ‘transition’, ‘impact’ or similar. But when is it fair to name or label financial products as such?

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 advises Advantest Corporation on the acquisition of Salland Engineering

Stibbe has successfully assisted Advantest Corporation in their acquisition of Salland Engineering. Under this acquisition, Salland Engineering will be an independent, wholly-owned (indirect) subsidiary of Advantest Europe GmbH.

Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

Aisling Murphy

Senior Associate Luxembourg

Stibbe ESG/Sustainable Finance seminar

Op dinsdag 15 oktober vindt in Amsterdam het Stibbe ESG/Sustainable Finance seminar plaats. Tijdens het seminar worden de nieuwste ontwikkelingen in Sustainable Finance, Greenwashing, ESG-risico's en duurzaamheidsrapportages besproken.

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