2019
  • May
    2019
    ———

    On behalf of the Associations of Albert Heijn Franchisees, Gall&Gall en Etos submitting observations to the European Commission regarding the Vertical Block Exemption Regulation. The observations and concerns were published recently. 

    EU, state aid & competition law
  • Apr
    2019
    ———

    Assisting the municipality of Enschede in helping Dutch premier league football club FC Twente with its successful bid to survive a period of prolonged financial distress.

    Restructuring & insolvency EU, state aid & competition law
  • Jan
    2019
    ———

    The Advising Dutch healthcare provider Oorwerk on the competition aspects of its acquisition. Our team provided guidance before and during the takeover by Sivantos. The transaction required the approval of the Dutch Healthcare Authority (NZa). Approval was granted on 17 May 2019. The decision and appendices are published on the website of the NZa. 

    Corporate / M&A EU, state aid & competition law
  • 2018
  • Aug
    2018
    ———

    On behalf of the Vereniging Eurospecialité's, drew up a consultation document on the legislative proposal of the Dutch Government to change ERP - external price referencing (Belgium, France, Germany and the UK) by exchanging Germany for Norway in order to lower the prices of pharmaceuticals. Free movement of goods and the Transparency directive on pricing of medicinal products for human use (Directive 89/105/EEG) are at stake.

    EU, state aid & competition law
  • Jul
    2018
    ———

    Acted as legal counsel for the municipality of Enschede in its capacity as creditor of the professional football club FC Twente, who initiated a restructuring plan to restore the long-term viability of the club.

    Restructuring & insolvency EU, state aid & competition law
  • Jun
    2018
    ———

    Acted as legal counsel, advising on (European) competition law in relation to the ambulance market in order to ensure a level playing field in which our clients operate.

    EU, state aid & competition law
  • May
    2018
    ———

    Acted as legal counsel advising  project developers and municipalities on state aid risks in various complex spatial development projects.

    EU, state aid & competition law
  • Feb
    2018
    ———

    Acted as legal counsel advising on undertakings in the pharmaceutical sector on the application of the ‘Falsified Medicine Directive’ and the ‘Delegated Regulation’ which  has applied since 9 February 2019. The goal of the new regulation is to prevent the entry of falsified medicinal products into the legal supply chain. One aspect is the application of the rules on the Unique Identifier (UDI) in relation to competition law and the need to maintain the level playing field in which our clients operate, on both European and national level.

    EU, state aid & competition law
  • Jan
    2018
    ———

    Produced an information leaflet and organised in-house training on state aid for both  civil servants and the board of the mayor and aldermen of the municipality of Enschede.  Ensured improvement in knowledge as to state aid for the different policy areas of the municipality.

    EU, state aid & competition law
  • 2017
  • Sep
    2017
    ———

    Represented Orifarm Denmark in the injunction procedure against Allergan Inc. (USA). This was held before the court of first instance in The Hague on the application of the so called Specific Mechanism (in the treaty on the accession of Poland and the other Eastern European Member States to the EU) on imports of Botox - marketed by Allergan in Poland - to The Netherlands. The case was the first in The Netherlands on this issue and raised a number of issues of EU law: more specifically, the scope of the Specific Mechanism and its interpretation in the broader context of the objectives of the internal market and the obligation of national courts in different Member States to prevent conflicting judgments (ECLI:NL:RBDHA:2017:10574).

    EU, state aid & competition law
  • Jan
    2017
    ———

    Acted as a legal counsel advising various municipalities with a professional football club within their municipal territory on state aid aspects when the municipality is involved with buying, selling, restructuring and building a stadium. The area of state aid often goes with other practice areas, such as restructuring, insolvency and corporate law.

    Restructuring & insolvency EU, state aid & competition law
  • 2016
  • Nov
    2016
    ———

    Acted as counsel in case C-174/15 before the European Court of Justice (judgment 10 November 2016): preliminary questions on the interpretation of the European copyright directive. The questions concerned the remuneration to which authors and publishers are entitled in case of 'e-lending' of eBooks by Dutch libraries.

    ECJ 10 November 2016, case C-174/15, Vereniging Openbare Bibliotheken/Pictoright Interpretation Directives 2006/115/EC and 2001/29/EC. E-lending and copyright.

    IP & pharma EU, state aid & competition law
  • Jul
    2016
    ———

    ECJ 7 July 2016, case C-514/15 P, HIT Group / Commission, ECR (2016) p. I
     Competition law. Appeal against T-436/10, prestressed steel.

    EU, state aid & competition law
  • Jul
    2016
    ———

    Successfully advised the municipality of Eindhoven on state aid procedure (article 108(2) TFEU) in respect of the sale-and-lease-back transaction between the municipality and the professional football club PSV. On 4 July 2016, the Commission decided that the measure of the municipality in favour of PSV did not constitute state aid in the meaning of 107(1) TFEU (PbEU 19.10.2016, L282/75).

    Restructuring & insolvency EU, state aid & competition law
  • Mar
    2016
    ———

    Acted for the municipality of Enschede in the rescue of premier division  FC Twente and for the municipality of Venlo in the refinancing of second division football club VVV Venlo.

    Restructuring & insolvency EU, state aid & competition law
  • 2015
  • Jul
    2015
    ———

    Acted as counsel before the European Court of Justice in case case C-379/14: preliminary question whether a trademark proprietor can oppose the import of its trademark products and the placing of these goods under a suspension regime on excise duties.
    ECJ 16 July 2015, case C-379/14, Top Logistics/Bacardi, ECLI:EU:C:2015:497

    IP & pharma EU, state aid & competition law
  • Jul
    2015
    ———

    ECJ 16 July 2015, case C-379/14, Top Logistics/Bacardi  
    Trademark law.
    Exhaustion of rights.
    Transit trade of excise goods.

    EU, state aid & competition law
  • Apr
    2015
    ———

    Represented Nationale-Nederlanden before the European Court of Justice in case C-51/13) on the interpretation of EU directives on life insurance and pre-contractual information requirements. The EU Court ruled in favour of Nationale-Nederlanden on 29 April 2015.

    EU, state aid & competition law
  • 2013
  • Nov
    2013
    ———

    ECJ 7 November 2013, case C-518/11, UPC / gemeente Hilversum, ECLI:EU:C:2013:709
     Telecom and competition law. 
    Reference from the Amsterdam court of appeal; acting for city of Hilversum.

    EU, state aid & competition law
  • Sep
    2013
    ———

    General Court 16 September 2013, T-373/10, Villeroy & Boch and Others / Commission
    Competition law. Defence (acting for the European Commission) in the appeal against the Commission’s decision (Article 101TFEU) in the bathroom fittings-case.

    EU, state aid & competition law
  • 2012
  • Jun
    2012
    ———

    CFI 1 July 2012, case T-206/10, Vesteda / Commission State aid. 
    Legality of the Commission’s decision on the Dutch social housing system.

    EU, state aid & competition law
  • 2010
  • Dec
    2010
    ———

    ECJ 22 December 2010, case C-120/08, Bavaria/Bayerischer Brauerbund
    Legality of geographical indication ‘Bayerisches Bier’. 
    Priority rules between trademarks and geographical indication.

    EU, state aid & competition law
  • 2009
  • Oct
    2009
    ———

    ECJ 1 October 2009, case C-567/07, Sint-Servatius / VROM, ECR (2009) p. I-9021
    Free movement of capital (Articles 56 and 58 EC).
    Legality of restrictions upon social housing corporation to invest in other Member-States (Article 86 (2) EC).
    State aid.

    EU, state aid & competition law
  • Jul
    2009
    ———

    CFI 1 July 2009, joined cases T-81/07, Maas en Van den Bergh q.q. (Kliq B.V.) / Commission; T-82/07, Maas q.q. (KG Holding) / Commission and case T-83/07, Groenewegen q.q. (Kliq Reïntegratie) / Commission State aid
    Legality of Commission decision in Kliq-case.
     

    EU, state aid & competition law
  • Jul
    2009
    ———

    ECJ 2 July 2009, case C-343/07, Bavaria/Bayerischer Brauerbund, ECR (2009) p. I-5491
    Legality of geographical indication "Bayerisches Bier". I Illegality of Regulation 2081/92 and Regulation 1347/2001.

    IP & pharma EU, state aid & competition law
  • 2006
  • Sep
    2006
    ———

    ECJ 14 September 2006, case C- 496/04, Slob II, ECR (2006) p. I-8257
    Agricultural law.
    Competence of Member States to adopt legislation.

    EU, state aid & competition law
  • 2004
  • Sep
    2004
    ———

    CFI 16 September 2004, case T-274/01, Valmont / Commission
    State aid

    EU, state aid & competition law
  • Sep
    2004
    ———

    ECJ 7 September 2004, case C-127/02, Waddenvereniging
    Environmental law. 
    Interpretation Habitat Directive.

    EU, state aid & competition law
  • 2002
  • May
    2002
    ———

    ECJ 16 May 2002, case C-321/99 P, ARAP / Commission, ECR (2002) p. I-4287 State aid and agriculture.
    Legal protection. 
    Sugar market.

    EU, state aid & competition law
  • 2001
  • Jul
    2001
    ———

    ECJ 12 July 2001, case C-365/99, Portugal / Commission
    acted for the Portuguese government. 
    Trade restrictions on Portuguese beef (mad cow disease/BSE).

    EU, state aid & competition law
  • Jan
    2001
    ———

    CFI 31 January 2001, cases T-197/97 and T-198/97, Weyl, Hogeslag and Groninger Vleeshandel / Commission
    Relation between competition law and state aid.

    EU, state aid & competition law
  • 2000
  • May
    2000
    ———

    ECJ 30 March 2000, case C-266/97 P, VBA (Flower Auction) / VGB a.o., ECR (2000) p. I-2135
    Competition law and agriculture regulation 26.

    EU, state aid & competition law
  • Feb
    2000
    ———

    ECJ 8 February 2000, case C-17/98, Emesa, ECR (2000) p. I-675 Trade law import registration on Overseas Countries & Territories (OCTs). Sugar market.

    IP & pharma EU, state aid & competition law
  • Feb
    2000
    ———

    ECJ 10 February 2000, case C-202/97, Fitzwilliam, ECR (2000) p. I-883
    Social security of migrating employees. Regulation 1408/71.

    EU, state aid & competition law
  • 1999
  • Feb
    1999
    ———

    ECJ 23 February 1999, case C-63/97, BMW / Deenik, ECR (1999) p. I-905
    Free movement of goods and services.
    Trademark law. Exhaustion of rights.

    Corporate litigation IP & pharma EU, state aid & competition law
  • 1995
  • Apr
    1995
    ———

    ECJ 6 April 1995, cases C-241/91 P and C-242/91 P, Radio Telefis Eireann (the "Magill case"), ECR (1995) p. I-743 Competition law. Is exercise of copyrights an abuse of dominance?

    EU, state aid & competition law
  • 1990
  • Nov
    1990
    ———

    ECJ 6 November 1990, case 354/87, Weddel I, ECR (1990) p. I-3847
    Legality of trade restrictions. Import of beef from South-America.

    EU, state aid & competition law