297 results Tax Alert: Legislative proposal on Dutch implementation of ATAD 2 (anti-hybrid rules) On 2 July 2019, the Dutch State Secretary of Finance has published a legislative proposal to implement the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") into Dutch domestic legislation (the "Bill"). ATAD 2 provides for minimum standards to neutralize hybri Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason. No parking! Canon fined EUR 28 million for warehousing transaction structure The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission. Stibbe successfully represents EY in fine case Stibbe represented EY in an appeal before the Industrial Appeal Court (College van Beroep voor het bedrijfsleven; CBb) filed by the AFM after the Rotterdam District Court's decision at the end of 2017 to annul the fines imposed by the AFM. The Rotterdam D The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities? On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive. Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature. Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel. Part two - GDPR and Public Law: Data protection in public procurement Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government. Stibbe wins Netherlands Tax Firm of the Year Award for the third time During the annual European Tax Awards organised by the International Tax Review, Stibbe was once again recognised with the ‘Netherlands Tax Firm of the Year Award’. This completes a hat-trick of Stibbe wins in this category, after also bringing home the A ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans By now almost everyone knows that the world of interest rate benchmarks is going to change. Can you rely on your contract to process personal data? The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects. Double-check your merger info - or face significant fines for inaccuracies Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences. Qualcomm loses General Court battle over request for information The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections. FAQ: Information requests from supervisory authorities The Social Affairs and Employment Inspectorate stated it plans to monitor compliance with legal standards more intensively in the future. For example, the SAEI announced in April 2018 that it would be taking a ‘tough approach’ on occupational accididents. Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019. Lifting attachments on assets of international organisations in another state Are Dutch courts entitled to lift a prejudgment attachment levied against an international organisation on its assets in another state? Commercial interest on overdue interest payments on a loan – uncertainty remains If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. The need for speed in mergers is no reason to ignore rights of defence On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews. Pagination Previous page Page 6 Current page 7 Page 8 Page 9 Next page
Tax Alert: Legislative proposal on Dutch implementation of ATAD 2 (anti-hybrid rules) On 2 July 2019, the Dutch State Secretary of Finance has published a legislative proposal to implement the EU Anti-Tax Avoidance Directive 2 ("ATAD 2") into Dutch domestic legislation (the "Bill"). ATAD 2 provides for minimum standards to neutralize hybri
Prove it or lose it: court sets aside ACM fines in two separate cases The Rotterdam District Court recently confirmed the high bar which has been set for the ACM when proving its case: the court annulled the fines imposed by the ACM in two different cases and, significantly, each for the same reason.
No parking! Canon fined EUR 28 million for warehousing transaction structure The European Commission has landed a third strike against gun-jumping, the prohibition to implement a transaction before notification to and clearance by the Commission.
Stibbe successfully represents EY in fine case Stibbe represented EY in an appeal before the Industrial Appeal Court (College van Beroep voor het bedrijfsleven; CBb) filed by the AFM after the Rotterdam District Court's decision at the end of 2017 to annul the fines imposed by the AFM. The Rotterdam D
The impact of the Division’s PAN decision on the permissibility of nitrogen relevant activities? On 29 May 2019, in a long-awaited decision, the Administrative Jurisdiction Division of the Council of State (the “Division”) held that the Programmatic Approach to Nitrogen (“PAN”) was adopted in contravention of the Habitats Directive.
Successful challenges to merger decisions seem to be the exception The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.
Low prices, high fines: Commission's creative purchase cartel fine upheld Companies should take note that the European Commission will deviate from its own general fining methodology if a particular case calls for it. The General Court recently upheld the Commission's novel fining approach in regard of a purchase cartel.
Part two - GDPR and Public Law: Data protection in public procurement Nearly a year after the GDPR took effect, questions have emerged about its interaction with public law. This three-part blog series "GDPR and Public Law" explores three key issues regarding its impact on public law and government.
Stibbe wins Netherlands Tax Firm of the Year Award for the third time During the annual European Tax Awards organised by the International Tax Review, Stibbe was once again recognised with the ‘Netherlands Tax Firm of the Year Award’. This completes a hat-trick of Stibbe wins in this category, after also bringing home the A
ARRC releases recommended contractual fallback language for U.S. Dollar LIBOR syndicated loans By now almost everyone knows that the world of interest rate benchmarks is going to change.
Can you rely on your contract to process personal data? The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects.
Double-check your merger info - or face significant fines for inaccuracies Failing to submit complete and accurate information to the European Commission during a merger investigation can have costly consequences.
Qualcomm loses General Court battle over request for information The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.
FAQ: Information requests from supervisory authorities The Social Affairs and Employment Inspectorate stated it plans to monitor compliance with legal standards more intensively in the future. For example, the SAEI announced in April 2018 that it would be taking a ‘tough approach’ on occupational accididents.
Double roles in attributing knowledge The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019.
Lifting attachments on assets of international organisations in another state Are Dutch courts entitled to lift a prejudgment attachment levied against an international organisation on its assets in another state?
Commercial interest on overdue interest payments on a loan – uncertainty remains If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed.
The need for speed in mergers is no reason to ignore rights of defence On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews.