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Stek organizes documentation session Dutch borrowing base lenders

Stek (Merijn Batteram and Sharon Kaufmann) organized recently a documentation session for legal counsels of several Dutch borrowing base lenders. Key focus was the correlation between the LMA senior facilities agreement with borrowing base facility and the FAAN based borrowing base ancillary document used in the Dutch…

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Shell, Milieudefensie, and Climate litigation: key take-aways for directors of Dutch companies

On 12 November 2024, the Court of Appeal in The Hague delivered its judgment in the climate case between Milieudefensie and Shell. Although the court overturned the judgment that had obliged Shell to reduce CO2 emissions by 45% across the Shell Group by 2030, the judgment still…

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Alternative transmission rights: unlocking unused grid capacity

Introduction The continuously growing demand for transmission capacity (transportcapaciteit) for both the take-off and feed-in of electricity,[1] driven by the energy transition, has pushed both the national high-voltage transmission system and the regional distribution systems[2] (together referred to as: the grid) in the Netherlands to their…

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Bills of lading and asset based financing under Dutch law

Introduction There has been a significant increase globally in (volume of) asset based financings over the last couple of years and expectations are that this trend will continue in the foreseeable future. Key drivers behind the popularity of asset based financings are, among other things, (i) cost efficiency (it provides…

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Transferability of claims under Dutch law: upcoming changes

On June 11, 2024, the Dutch House of Representative (Tweede Kamer) approved the draft bill (wetsvoorstel) on the abolishment of transfer and pledge restrictions (Wet opheffing verpandingsverboden). The draft bill has been submitted to the Dutch Senate (Eerste Kamer) for adoption and is scheduled for written…

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Legislative proposal to amend dispute resolution procedure and clarify admissibility requirements inquiry proceedings submitted to the Dutch House of Representatives

On 13 November 2023, the legislative proposal amending the dispute resolution procedure and inquiry proceedings was submitted to the House of Representatives. The legislative proposal introduces significant changes to (in particular) the dispute resolution procedure. It aims to improve the effectiveness of the dispute resolution procedure by adjusting some procedural…

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Developments on indepence of the Dutch energy regulator ACM

In an article published on Lexology, Bart van Oorschot discusses the recent developments on the independence of the Dutch energy regulator ACM. Please click here to access the full article. For further information on this topic please contact Bart van Oorschot (+31 (0) 20 530 52 00…

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DMA FAQs – what you need to know about the new Digital Markets Act

Regulation 2022/1925, also known as the Digital Markets Act (DMA), has been a hot topic for discussion the past few years to say the least. Ever since the first consultation, practitioners, academics and public officials have been in an extensive debate about the DMA and its implications.

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Breaking down killer acquisitions: The rise of below-threshold merger scrutiny

Picture this: a small but innovative company has just developed a new technology that has the potential to disrupt the market. The company is on the verge of becoming a major player in the industry, but before it can take off, a larger competitor swoops in and acquires it. A…

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Combatting high energy prices in the Netherlands

The war in Ukraine has created a unique situation in the international energy market. To combat rising energy prices, the Dutch government plans to implement a temporary and generic price cap for electricity and gas for small consumers as of 1 January 2023. In short, the energy price cap entails…

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The consequences of the (interlocutory) Porthos ruling for new and ongoing construction projects/activities in the Netherlands

Background nitrogen deposition issue  Nitrogen deposition has been a significant issue in the Netherlands for a while. Many nature conservation areas are considered in such bad shape (the so-called critical deposition levels are (almost) reached), that additional nitrogen deposition by projects/activities is often not permitted without taking additional measures. The…