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The Climate and Energy Memorandum 2025 and the recommendations of the Advisory Division

The Advisory Division of the Council of State of the Netherlands is critical of the 2025 Climate and Energy Memorandum. The Netherlands is making little progress in achieving its climate targets for 2030. What recommendations does the Division make?

Evaluation of Nuclear Energy Act published

By letter dated 27 March 2024, the State Secretary for Infrastructure and Water Management sent the final report of the evaluation of the Nuclear Energy Act to the Lower House.

Including scope 3 emissions in environmental impact assessments used in public decision-making

In this blog post, we discuss the role that Scope 3 emissions can play in project permitting and environmental impact assessments. We do this in the light of a landmark decision by the UK Supreme Court on 20 June 2024.

More state aid for green industry: the Clean Industrial State Aid Framework

European industry must become less dependent on fossil fuels. To that end, the European Commission now allows state aid to support the transition towards a circular economy.

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?

European Commission’s infringement procedure against the Netherlands: review and evaluation of water permits required under the WFD

This blog addresses the European Commission's infringement procedure against the Netherlands regarding the evaluation of water licences under the Water Framework Directive, the Dutch legislature's approach and the consequences for issued permits.

Netherlands further locked in? Council of State limits internal netting of nitrogen emissions

The Council of State has changed its case law on internal and external netting. This has major implications for activities involving nitrogen. In this blog Anna Collignon discusses the new case law.

Waterdoelen in Nederland – een schets van de juridische stand van zaken. Het eerste blogbericht uit een reeks (deel I)

Water staat hoog op de agenda. En met reden: de kwaliteit en kwantiteit van het oppervlakte- en grondwater in Nederland staan onder druk, aldus de Raad voor de leefomgeving en infrastructuur (“Rli”).

Climate case Milieudefensie et al. – The Hague District Court orders Shell to reduce CO2 emissions

On May 26, 2021, the District Court of The Hague rendered its judgment in the case between Milieudefensie and others against Shell.

Stibbe advises BP

Stibbe successfully acted as counsel for BP in proceedings before the Dutch courts and the CJEU.

WAMCA: imperfections come to the surface

Dutch courts have not yet developed procedural rules for the WAMCA, the new Dutch regime for collective redress. This adds to pre-existing uncertainty around many procedural aspects of this new law.

Claims assigned to a litigation vehicle: who needs to prove what?

Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit.

EU Council suggests fundamental changes to proposal for Directive on representative actions

The proposed text for a Directive on representative actions for the protection of the collective interests of consumers has radically changed – again.

Courts take lenient approach to standing of ‘idealistic’ claim foundations under Dutch class action regime

Recent case law on the standing of ‘idealistic’ claim foundations shows courts’ lenient approach.

Compensation after infringement of the General Data Protection Regulation: European developments

The General Data Protection Regulation (GDPR) is one of the most significant development in the European data strategy in the past years and is continuously evolving.

To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR?

Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera

Cross-border representative actions: publication of requirements for Dutch organisations seeking designation as ‘qualified entities’

By 26 December 2023 at the latest, EU Member States must publish a list of organisations that they have designated as ‘qualified entities’ (bevoegde instanties) for bringing cross-border representative actions within the EU on behalf of consumers.

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.

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