292 results 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. Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars. Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term. Stibbe advises Panda Green Energy Stibbe assisted Panda Green Energy, formerly known as United Photovoltaics Group, with the Luxembourg aspects of the sale of six UK solar farms, with a combined capacity of about 82.5MW, to Greencoat Solar. Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment. Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar. Stibbe advises APG and a joint venture partner Stibbe advises APG and a joint venture partner on the acquisition of an approximate 33% interest in HHR Euro C.V. from their joint venture partner Host Hotels & Resorts Inc. Stibbe acts as lenders' counsel on A24 Blankenburg connection project Stibbe has advised the lenders providing finance to BAAK Blankenburg-Verbinding B.V., a consortium consisting of Ballast Nedam, DEME and Macquarie Capital, on reaching financial close in the A24 Blankenburg connection project. Tax Alert: No abolition of Dutch dividend withholding tax Further to the several tax proposals released by the Dutch government on Budget Day last month (see our Tax Alert of 20 September 2018), on 15 October the Dutch State Secretary of Finance sent a letter to the Dutch parliament containing a reconsideration CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law. CJEU decision on a refund of Dutch dividend withholding tax for foreign investment funds Dutch dividend withholding tax has been a hot topic the last few years. In 2018 there were discussions on whether the Dutch dividend withholding tax should be abolished or not. One of the arguments to abolish related to the potential risk of the Dutch div 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. 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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.
Loyalty rebate scheme 'saved' by pharma company's market misconceptions The UK Competition and Markets Authority (CMA) recently closed its investigation into a discount scheme by dominant pharma company Merck Sharp & Dohme (MSD) aimed at preventing the National Health Service (NHS) from switching to competing biosimilars.
Tick-tock: no reset of the appeal clock for amending Commission decision The European Court of Justice recently upheld the General Court's order finding that metal production and recycling company Eco-Bat had submitted its appeal outside of the appeal term.
Stibbe advises Panda Green Energy Stibbe assisted Panda Green Energy, formerly known as United Photovoltaics Group, with the Luxembourg aspects of the sale of six UK solar farms, with a combined capacity of about 82.5MW, to Greencoat Solar.
Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice Companies awaiting the outcome of appeal proceedings should carefully consider whether to pay the imposed fine by bank guarantee or direct payment.
Guess what, online branding restrictions are on the Commission's radar Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar.
Stibbe advises APG and a joint venture partner Stibbe advises APG and a joint venture partner on the acquisition of an approximate 33% interest in HHR Euro C.V. from their joint venture partner Host Hotels & Resorts Inc.
Stibbe acts as lenders' counsel on A24 Blankenburg connection project Stibbe has advised the lenders providing finance to BAAK Blankenburg-Verbinding B.V., a consortium consisting of Ballast Nedam, DEME and Macquarie Capital, on reaching financial close in the A24 Blankenburg connection project.
Tax Alert: No abolition of Dutch dividend withholding tax Further to the several tax proposals released by the Dutch government on Budget Day last month (see our Tax Alert of 20 September 2018), on 15 October the Dutch State Secretary of Finance sent a letter to the Dutch parliament containing a reconsideration
CDC/Kemira: Amsterdam Court of Appeal applies European principle of effectiveness to limitation periods In a private enforcement case brought by CDC against Kemira, the Amsterdam Court of Appeal applies the European principle of effectiveness and rules that claims are not time-barred under Spanish, Finnish and Swedish law.
CJEU decision on a refund of Dutch dividend withholding tax for foreign investment funds Dutch dividend withholding tax has been a hot topic the last few years. In 2018 there were discussions on whether the Dutch dividend withholding tax should be abolished or not. One of the arguments to abolish related to the potential risk of the Dutch div
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.