Gaike Dalenoord (he/him)

🌍 Dutch Emissions Authority wants a minimum threshold for CBAM reporting based on embedded emissions rather than the current €150 low-value relief 🌱 The Dutch Emissions Authority (NEa) urgently calls on the Dutch government to advocate in the EU for an adjustment to the CBAM regulation of 2026. Otherwise, the NEa foresees significant issues in the implementation of this regulation. This would be similar to the UK CBAM’s scope and design, which will enter into force in 2027. The current threshold of €150 per shipment, however, creates significant challenges. This threshold results in a disproportionate burden on Dutch businesses, especially for smaller importers who emit only negligible amounts of CO2. The NEa observes that 2% of importers are responsible for 92% of the imported CO2 emissions, while 78% of importers have only negligible to small emissions. Therefore, the NEa advocates for a new, effective threshold that better aligns with the actual CO2 emissions of the imported goods. A threshold based on the weight of the shipments would be a better measure of the embedded CO2 emissions and significantly reduce the administrative burden for small importers.

47

3 Comments

Read the latest post on Weil's Tax Blog from Stuart Pibworth and Jenny Doak – Debt Restructurings: Lux, Dutch and U.K. Tax Perspectives – https://lnkd.in/ehnC5dmv

27

The #Netherlands has an open #economy that is highly integrated in the global financial system, but not many people know that it in fact has restrictions on foreign investment. The #Dutch Screening of Investments, Mergers and Acquisitions Act (“Wet veiligheidstoets, fusies en investeringen” or Vifo Act) came into force in June 2023, introducing a general national security test for #investment in critical sectors and complementing existing screening mechanisms for regulated #industries, such as #electricity, #telecommunications and #gas. To date, the practical impact of the Vifo Act is limited, but with increased screening of investment around the world in sectors such as #semiconductors and #quantumtechnology and from countries such as #China and #Russia, we expect greater deal uncertainty and longer transaction timelines. The Dutch desk of global #lawfirm Clyde & Co has advised on #FDI, #mergers, #acquisitions and other #corporate transactions in the Netherlands for more than 25 years and please let us know if here is anything we can help you with.

14

📢 We advised our longstanding client Rivean Capital, a pioneer in European mid-market #PrivateEquity, on the intended acquisition of a majority stake in Acture Group, a leading provider of holistic employee welfare solutions headquartered in Nijmegen, from IK Partners. With Rivean’s support, Acture will continue along its international growth trajectory, accelerating the execution of its strategic growth plan and transforming from a leading Dutch player in the social security market, to a European total employee welfare platform. Our core team was led by Tim Heerschop and further consisted of Femke Buijs, Nancy Stoke, Bruno Weisser Lopez, Amber Breugem, Jasper Leistra (Corporate M&A), Folko De Vries, Jeroen Kolthof (Global Financial Markets), Stern Flik, Cile Arnoldy (Tax), Astrid van Ommeren, Najib Muslem (Employment), Jurre Jurriëns, Fiorri Michael (Antitrust), Laura Stegeman, Sabrina Spoor (Notary) and Erwin Schreuder (Regulatory). ➡️ Read more: https://lnkd.in/epUWktWQ #MergersAndAcquisitions

105

Stibbe Amsterdam is pleased to announce the expansion of its TMT/IP practice with the appointment of Jan-Jaap Koningsveld as counsel. Jan-Jaap brings a wealth of experience in intellectual property (IP), IT, data protection and cybersecurity, offering a distinctive combination of strategic advisory and guidance on complex corporate transactions. Hans Witteveen, managing partner of Stibbe Amsterdam: “We are delighted to welcome Jan-Jaap to our TMT/IP team. He is a highly driven and experienced lawyer who will help us to provide our clients, who increasingly face complex issues in IP, IT, data protection and cybersecurity, with integrated services of the highest standards.” https://stibbe.law/4hS6cX7

70

Now Available in English: The 3rd Edition of the WAMCA Whitepaper - A Third Quantitative Analysis! Deminor General Counsel Netherlands Joeri Klein and Finch Dispute Resolution Partner Koen Rutten, supported by Caspar Vermande, return with a new extensive quantitative analysis of all WAMCA procedures to date.    Request your free copy of the Whitepaper and read about: ➡ All outcomes of WAMCA procedures to date, at first instance and on appeal. ➡ The average processing times of the various steps in WAMCA procedures, the subjects of litigation, the rewards for litigation funders, the total duration to reach a final decision, the types of claimants in WAMCA procedures, and the number of competing claims filed. ➡ The increase in WAMCA procedures concerning privacy violations and the total absence of any new securities-related cases. ➡ The number of WAMCA procedures filed each year since 2020 and the number of WAMCA procedures that have since been finally resolved.    Click the link to access this year's English copy of the 22-page Whitepaper: https://lnkd.in/eM_Sk-vk

32

2 Comments

Key takeaways from the UK CFC state aid decision

17

Jij Broad scope of opt-out withdrawals Article 83(4) of the UPC Agreement provides that an op-out cannot be withdrawn if an action has already been brought before a national court. Before the start of the UPC there was some discussion whether this also applies if a national action has been started and potentially even finished before the start of the UPC. This has now been resolved by the Court of Appeal in an Order of 12 November 2024 in AIM v Supponor; the limitation only applies to national actions started in a participating member state on or after 1 June 2023. In an order of 19 August 2024 in Sibio v Abbott the Court of Appeal confirmed that only member states that have ratified the UPC Agreement qualify as participating member states, so it should be clear that only national actions in such states qualify. Actions started before 1 June 2023, even when still pending, do not block withdrawal of an opt-out. Article 83(4) only applies to actions brought during the transitional period. That period will end on 31 May 2030 (and will most likely not be extended), after which the national courts in the participating member states that have ratified the UPC Agreement will no longer have jurisdiction for European patents, except for national actions that are already pending on that date. This order solves an important issue, since it allows patent holders a broader opportunity to withdraw their opt-outs. There may be an increasing wish to do so, as the UPC has gained confidence among patent holders; there is a clear trend to start patent actions in the UPC instead of national courts. Of course, competitors can still block withdrawals by starting actions in a national court in a participating member state.

17

3 Comments

𝗜𝗻𝘁𝗲𝗿𝗲𝘀𝘁𝗶𝗻𝗴 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 𝗳𝗼𝗿 𝗟𝗲𝗴𝗮𝗹 𝗟𝗲𝗮𝗱𝗲𝗿𝘀 | 𝗘𝗖𝗝 𝗨𝗽𝗵𝗼𝗹𝗱𝘀 𝗕𝗮𝗻 𝗼𝗻 𝗣𝗿𝗶𝘃𝗮𝘁𝗲 𝗘𝗾𝘂𝗶𝘁𝘆 𝗶𝗻 𝗟𝗮𝘄 𝗙𝗶𝗿𝗺𝘀 My colleague Arjen Breedveld and I recently had a discussion with a client about investments by private equity in the legal sector (ie. private equity taking a stake in law firms). Yesterday, the Court of Justice of the European Union (ECJ) decision upholding Germany’s ban on non-lawyer ownership of law firms sparks a major discussion about the future of legal services in Europe. While traditional law firms face strict ownership rules, the ruling may not apply to Alternative Legal Service Providers, such as legal tech firms, opening new opportunities for innovation. 𝗪𝗵𝗮𝘁 𝗱𝗼𝗲𝘀 𝘁𝗵𝗶𝘀 𝗺𝗲𝗮𝗻 𝗳𝗼𝗿 𝘁𝗿𝗮𝗱𝗶𝘁𝗶𝗼𝗻𝗮𝗹 𝗹𝗮𝘄 𝗳𝗶𝗿𝗺𝘀? Ethical integrity and independence remain non-negotiable pillars of the legal profession. However, it also highlights a critical challenge for law firms in jurisdictions with similar restrictions: navigating rapid developments in technology, geopolitics-and economics and ESG, while maintaining growth—without access to external financial investment. In an global environment defined by turmoil and technological advancements, law firms must find alternative strategies to innovate and remain competitive, all while staying true to their professional ethics. This ruling underscores a fundamental question: How can law firms balance core values with the need to innovate in a rapidly changing world? 𝗟𝗲𝗴𝗮𝗹 𝗧𝗲𝗰𝗵 𝗧𝗵𝗿𝗶𝘃𝗲𝘀: Alternative Legal Service Providers, exempt from these restrictions, can secure private investment, driving innovation and offering scalable solutions to transform legal services. 𝗣𝗿𝗲𝘀𝘀𝘂𝗿𝗲 𝘁𝗼 𝗜𝗻𝗻𝗼𝘃𝗮𝘁𝗲: Traditional law firms may turn to partnerships with legal tech firms to stay competitive, indirectly accelerating the adoption of cutting-edge tools like AI and automation. 𝗙𝗿𝗮𝗴𝗺𝗲𝗻𝘁𝗲𝗱 𝗮𝗻𝗱 𝗖𝗼𝗹𝗹𝗮𝗯𝗼𝗿𝗮𝘁𝗶𝘃𝗲 𝗟𝗲𝗴𝗮𝗹 𝗘𝗰𝗼𝘀𝘆𝘀𝘁𝗲𝗺: A clear divide may emerge; law firms focusing on high-value advisory services while Alternative Legal Service Providers handle commoditized, tech-enabled services. This could redefine service delivery. 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝘃𝗲 𝗝𝘂𝗿𝗶𝘀𝗱𝗶𝗰𝘁𝗶𝗼𝗻𝘀: Flexible jurisdictions like the UK, with its Alternative Business Structures (ABS), may continue to attract more investment and lead in legal modernization, creating an uneven playing field. How can law firms respond to this ruling to stay competitive while maintaining professional integrity? Something to think about under the Christmas tree 🎄 DRB Search & Selectie | Strategie | Coaching

24

3 Comments

Looking to secure/enforce against assets sited in the Netherlands? Here is an excellent overview of the pre-judgment attachment regime in the Netherlands by my colleagues Lennart Baijer and Marije van de Langemheen.

5

With at least 70% of national laws shaped by EU legislation, the challenges faced by local courts are often far from local. The adoption of Moonlit.ai by the Hoge Raad der Nederlanden for monitoring case law from EU-member states is not just a great validation for moonlit, but also good news for the European legal landscape 🇪🇺💪 ⚖️ www.moonlit.ai #CaseLawMonitoring #CrossBorderResearch #EuropeanLaw #LegalInnovation #EUCaseLaw #JudicialExcellence #Harmonization #RuleOfLaw #MoonlitAI #LegalTech #JusticeForEurope

42

2 Comments

I highly recommend the latest book of Antoine Henry de Frahan, The Legal Mind Revolution, describing a practical approach to risk, which is what today’s business leaders are looking for.

7

Today, in a strategic move to protect essential processes in the #Netherlands from geopolitical shifts, the Dutch government proposed an expansion of the Dutch #FDI regime, specifically targeting sensitive #technologies. This general FDI regime, which covers #mergersandacquisitions, and #investments, is encapsulated in the Act on the Security Screening of Investments, Mergers, and Acquisitions (Wet veiligheidstoets Investeringen, fusies en overnames; "Vifo Act"), introduced in 2023. The Vifo Act currently includes technologies such as semiconductors, photonics, quantum computing, and dual-use and military goods. The proposed expansion encompasses critical technologies like biotechnology, artificial intelligence, nanotechnology, sensor and navigation technology, and nuclear technology for medical applications. This proposed broadening of the Vifo Act's scope will have significant implications for M&A #transactions in the Netherlands, necessitating a new level of diligence and strategic planning. Importantly, this expansion implies also that an increased volume of proposed M&A transactions will require notification to the Ministry of Economic Affairs (effectively the Bureau for Investment Screening), impacting the timelines for deal completions. The government has initiated a public consultation process, inviting stakeholders to provide feedback on the proposed expansion, see this link for the relevant documents and timeline https://lnkd.in/gYq85kFD.

15

The Corporate Sustainability Due Diligence Directive (CS3D) is set to redefine the way businesses operate within the EU. Are you ready? Our latest publication, authored by experts Jochem Spaans, Caroline Obenhuijsen, Romaric Lazerges, Jennifer Younan, Elise Edson, Gauthier van Thuyne, Matthew Townsend, and Danae Wheeler, delves into the intricacies of the directive and its implications for your company. Discover how the CS3D will demand greater transparency and accountability in environmental and human rights matters and learn what steps you need to take to align with these upcoming regulations: : https://ow.ly/vXb250SqJQu

1

Lexology In-Depth: Tax Disputes and Litigation, edition 12 edited by Reinout de Boer and Michael Molenaars of Stibbe, is now available on Lexology: https://lnkd.in/gGpP_Pyn In-Depth: Tax Disputes and Litigation (formerly The Tax Disputes and Litigation Review) is a practical overview of the common issues that give rise to tax disputes in key jurisdictions, the procedures for resolving those disputes, and the powers and approach of local tax authorities. With a focus on recent developments, it offers insights into the process, timescale and cost of resolving complex difficulties when they arise across multiple jurisdictions.

1

Fancy an insight into the use of litigation funding in the Dutch legal market? Check out my colleague Bram Berends's comments in Dippy Singh's insightful article with views from Woodsford and its peers. #collectiveredress #litigationfunding #litigationfinance

2

On 4 December 2024, the Dutch Ministry of Finance published the 27 November 2024 Decree No. 2024-0000528135 ("Amount B Decree 2025"), outlining the Netherlands' position on the application of the OECD IF's Pillar One Amount B as of 1 January 2025. Based on the Amount B Decree 2025, Amount B will not be introduced for Dutch taxpayers, but it may become relevant for taxpayers with baseline marketing and distribution activities in covered jurisdictions. Read More: https://lnkd.in/eUBp7zwX #AmountB #Netherlands #BakerMcKenzieTax

6

Rulling on trademark coexistence agreement in Iran. I recently contributed an article to MARQUES’ Class 46 blog discussing a fascinating trademark case involving an Iranian and a Belgian company. In 2020, an Iranian company applied to register a trademark for confectionery and sweets, a mark already held by a Belgian company. Although the Iranian applicant obtained a letter of consent from the Belgian trademark owner, the Iranian Trade Mark Office rejected the application. The grounds? The mark was still registered under the Belgian company, despite the consent letter. This case highlights key considerations for trademark registrations and the limitations of consent letters in Iran's trademark process. Read the full article here for more insights: [MARQUES Blog](https://lnkd.in/etThUe_b) #IPLaw #TrademarkRegistration #IranIP #TrademarkConsent #ConfectioneryIndustry #MARQUES #IntellectualProperty

23

A number of thought provoking opinions and discussions today at the 'Biodiversity and Climate' seminar at ABN Amro HQ ranging from Pension Fund ABP's EUR 1bn targeted impact investments in the sector and EUR 9 bn in biodiversity SDG's, the balance between excluding non-biological pesticide and non-sustainable plastic producers to active engagement through fixed income portfolios (Axa IM) and implementing biodiversity and climate in investment portfolios (Mirova). All in agreement that extracting consistent, reliable sources of underlying data remain as a challenge. More sources of regulation being implemented over the coming years including the EU Deforestation Regulation and CSRD to ensure a level playing field: a warning was issued though against becoming 'Taxonomy zombies'.

4