2020
  • May
    2020
    ———

    Acting for the management participation vehicle in the (further) restructuring of IHC Merwede Holding, one of the largest Dutch shipbuilders, whereby the shares in IHC were acquired by a consortium of strategic parties and investors, supported by the Dutch State.

    Restructuring & insolvency Corporate / M&A Banking & finance Restructuring & insolvency / International engagements
  • Apr
    2020
    ———

    Advised Van Dijk Beheer on a minority participation in Van Dijk Banket by O2 Capital.

    Corporate litigation
  • Feb
    2020
    ———

    Advised CIP Capital and People 2.0 on the acquisition of WePayPeople, a Netherlands-based payrolling and employer of record services provider.

    Corporate / M&A
  • Jan
    2020
    ———

    Defending a UK based wholesale company of fast moving consumer goods in litigation proceedings (in appeal of the interim proceedings and in the main proceedings) concerning the seizure of Durex-products by the trademark proprietor in the ports of Spain and the Netherlands, while the goods are goods in transit and not put into circulation in the EU. The cases are still pending.

    IP & pharma
  • Jan
    2020
    ———

    Representing our client in a principal trademark and unfair competition dispute against a telecommunication provider regarding the vital and material question whether a colour can be monopolized and successfully enforced based on trademark law. 

    IP & pharma
  • Jan
    2020
    ———

    Acting as referring counsel in appeal proceedings in Germany for the Dutch manufacturer of innovative industrial machine parts in a dispute against its former distributor with regard to trademark infringement and slavish imitation by the former distributor. The case is still pending.

    IP & pharma
  • Jan
    2020
    ———

    Acting for Mercon, a service provider for tank and industrial support in maintenance and constructing projects in optimizing its capital structure.

    Restructuring & insolvency Banking & finance
  • 2019
  • Dec
    2019
    ———

    Acting for Quick Parking Holding, a Dutch parking multinational, in its refinancing.

    Restructuring & insolvency Banking & finance
  • Dec
    2019
    ———

    Acting as defense counsel of one of Europe’s largest forwarding and logistics companies in two ongoing trademark cases against two liquor brands (Hennessy and Bacardi). Which could have significant ramifications for the forwarding industry. Both cases involve highly complex questions of IP law regarding the liability of intermediaries with regard to possible trademark infringements by third party-traders. Both matters are pending before the Court of The Hague.

    IP & pharma
  • Nov
    2019
    ———

    Assisting Fitland Group in stakeholder management after the divestment of its hotel and fitness facilities to Fletcher Group and Basic-Fit.

    Restructuring & insolvency
  • Nov
    2019
    ———

    Negotiating and drafting a distribution agreement for a manufacturer of innovative food products, that are exclusively sold in the leisure branch, for the distribution of the products in foreign territory.

    IP & pharma
  • Oct
    2019
    ———

    Advised the founders of Quadrant Automatisering B.V., the company behind King Business Software, on the sale of the group to MUIS Software, a portfolio company of Main Capital.

    Corporate / M&A
  • Oct
    2019
    ———

    Assisted in the further implementation of the 2018 refinancing of the Revolving Credit Facility provided to Hemisphere International Properties B.V., holding the real estate portfolio for Steinhoff International Holding N.V.

    Banking & finance Restructuring & insolvency / International engagements
  • Sep
    2019
    ———

    Successfully represented a large housing association against claims based on discrimination.

    Employment law & reorganisation
  • Sep
    2019
    ———

    Advising a major industrial equipment supplier in products and solutions preventing explosions of hazardous substances and heat-tracing, in claw back litigation vis-a-vis a former MT member.

    Employment law & reorganisation
  • Aug
    2019
    ———

    Defending the world’s largest parallel trading group of companies in complex cross-border trademark proceedings against a pharmaceutical company. The main proceedings are still pending before the Court of The Hague.

    IP & pharma
  • Jul
    2019
    ———

    Acting for the management participation vehicle in the EUR 1.6 billion refinancing of IHC Merwede Holding, one of the largest Dutch shipbuilders, including a EUR 120 million fresh capital injection provided by a consortium of (mainly) banks, Rabo Capital, holders of share certificates and a financial investor.

    Restructuring & insolvency Corporate / M&A Restructuring & insolvency / International engagements
  • Jul
    2019
    ———

    Acting for one of our clients as claimant in arbitration proceedings before a NAI Tribunal, in respect of various claims under a shareholders agreement, amongst others founded on change of control clauses and non-compete arrangements.

    Corporate litigation Commercial contracts & litigation
  • Jun
    2019
    ———

    Acting as counsel for claimant WijKopenAuto’s B.V., in the cancellation proceeding against the trademark ‘IK WIL VAN MIJN AUTO AF’ (‘I want to get rid of my car’) of the competitor Dealerdirect B.V. The trademark has been declared invalid by the Benelux Office for the Intellectual Property (the BOIP). The BOIP ruled that the trademark is merely a common advertisement phrase and therefore lacks any distinctive character. Dealerdirect has appealed this decision. Currently, the appeal proceedings before the Benelux Court of Justice are still pending. 

    IP & pharma
  • May
    2019
    ———

    Advised ARS Traffic & Transport Technology, specialist in traffic and transport technology solutions for private and public organisations, implementing a collective reorganization.

    Employment law & reorganisation
  • May
    2019
    ———

    Assisting Roto Smeets Group, part of a group with a EUR 1 billion turnover and one of the largest Dutch print businesses, in its restructuring and subsequent bankruptcy liquidation.

    Restructuring & insolvency
  • May
    2019
    ———

    Assisted the Austrian counsel of our client in arbitration proceedings before a VIAC Tribunal in Vienna, in respect of the acceleration of commercial loans.

    Commercial contracts & litigation
  • 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
  • May
    2019
    ———

    Advising the board of an industry-level pension fund in a dispute with its former pension implementing authority.

    Employment law & reorganisation
  • 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
  • Mar
    2019
    ———

    Advised a major Dutch defence, shipbuilding and engineering conglomerate, in a management crisis.

    Employment law & reorganisation
  • Mar
    2019
    ———

    Advised a global, US-based speciality chemical company, regarding employment law questions – both in anticipation of the Chapter 11 and signing of the RSA – regarding cross-border restructuring, transfer of undertaking and reorganisation.

    Employment law & reorganisation
  • Mar
    2019
    ———

    Acting as defense counsel for a trading company in litigation before the Court of The Hague in a matter touching the heart of trademark law and the free movement of goods. The case was settled amicably between the parties. 

    IP & pharma
  • Mar
    2019
    ———

    Appointed to effect the administration (and ultimate closure) of the Europe Islamic University of Applied Sciences, a politically sensitive case conducted in full public view.

    Restructuring & insolvency
  • Feb
    2019
    ———

    Successfully represented an academic health science centre at the Enterprise Chamber of the Court of Amsterdam against the works council’s appeal.

    Employment law & reorganisation
  • Feb
    2019
    ———

    Successfully represented Belgica de Weerd B.V. – a well-known Dutch producer and wholesaler of medicines and food products for professional racing pigeons – in cancellation proceedings before the European Office for the Intellectual Property (the EUIPO) after a conflicting trademark was filed in bad faith by a former business partner. Read the judgement here.

    IP & pharma
  • Feb
    2019
    ———

    Finalising the liquidation of the last Dutch Enron entities, following arguably the highest profile collapse in recent history, a mandate in which we were involved since 2004.

    Restructuring & insolvency
  • 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
  • Jan
    2019
    ———

    Advised a Dutch retail operator, servicing global clothing brand Levi-Strauss on an integral change of management.

    Employment law & reorganisation
  • Jan
    2019
    ———

    Appointed as the administrator of Eye Media, a group of television production companies making programmes for some of the main broadcasting channels, including the popular RTL4.

    Restructuring & insolvency
  • Jan
    2019
    ———

    Advising Pensioenfonds voor de Houtverwerkende Industrie en Jachtbouw, a sectoral pension fund, in a dispute with one of its categorical members regarding compliance with the collective arrangements.

    Employment law & reorganisation
  • Jan
    2019
    ———

    Successfully represented a wholesale international trade pharmaceutical products company as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. The first instance decision was overruled by the Appeal Court on the basis that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. Consequently, the Appeal Court ordered the defendants in appeal not to use any of its falsely gained information. The decision was published: ECLI:NL:GHARL:2019:293

    Corporate litigation IP & pharma
  • 2018
  • Dec
    2018
    ———

    Acted for one of the founders of a hotel group in a dispute with an investor on the enforcement of multi-million security rights in relation to the Benelux easyHotels in inquiry proceedings before the Enterprise Chamber.

    Corporate litigation
  • Dec
    2018
    ———

    Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.

    Corporate litigation
  • Dec
    2018
    ———

    Initiated appeal proceedings before the Court of Appeal of Arnhem-Leeuwarden on behalf of WijKopenAuto’s B.V. against the provisional judgment of the interim judge of the Court of Overijssel in a trademark law case involving a descriptive trademark of the opposite party. The arguments of WijKopenAuto’s B.V. in first instance were later confirmed by the decision of the Benelux Office for the Intellectual Property (see under ‘June 2019’).  Currently, the appeal proceedings are still pending.

    IP & pharma
  • Dec
    2018
    ———

    Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.

    Restructuring & insolvency Banking & finance
  • Nov
    2018
    ———

    Acted for the former directors of a natural resources conglomerate, headquartered in The Netherlands, as defence counsel in directors’ liability litigation.

    Corporate litigation
  • Oct
    2018
    ———

    Acting for the owner in the acquisition of a private yacht.

    Commercial contracts & litigation
  • Oct
    2018
    ———

    Acted as respondent to the cassation lawyer in Supreme Court litigation following the appeal proceedings over copyright infringement on the design of mooncake packaging. In first instance, the court refuted the copyright infringement claims; this was partly overturned by the appeal court’s decision. On 12 October 2018 the advocate-general rendered its opinion to the Supreme Court.

    IP & pharma
  • Sep
    2018
    ———

    Acted for BB Capital, a Dutch private equity firm, in its dispute with a trustee over the  bankruptcy of De Combi Group. Proceedings before the Rotterdam court after submission of several procedural injunctions.

    Restructuring & insolvency Corporate litigation
  • Sep
    2018
    ———

    Assisted a group of funds with a €750m interest in the Revolving Credit Facility  provided to Hemisphere International Properties B.V., holding approx. €1,1 billion real estate for Steinhoff International Holding N.V., a South-African global retailer that is dual listed in Germany. Steinhoff deals mainly in furniture and household goods. It operates in Europe, Africa, Asia, the United States, Australia and New Zealand. As of August 2019, Steinhoff is active in 30 countries, with 12,000 retail outlets, 40 brands and approx. 130,000 employees.

    Restructuring & insolvency Banking & finance Restructuring & insolvency / International engagements
  • Sep
    2018
    ———

    Acted for a Dutch premier league soccer club in relation to (arbitration about) a transfer payment.

    Commercial contracts & litigation
  • Aug
    2018
    ———

    Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.

    Restructuring & insolvency Corporate litigation
  • 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 for an Israeli financial institution on the refinancing of a credit facility in The Netherlands.

    Banking & finance
  • Jul
    2018
    ———

    Acted for ECR - European Care Residences and Resorts with over 500 employees - on the restructuring and integration of its care and hospitality facilities into Blueprint Group.

    Restructuring & insolvency Corporate / M&A
  • Jun
    2018
    ———

    Advised a large nursing and social care provider on various collective claims and successfully represented them in various dismissal cases.

    Employment law & reorganisation
  • Jun
    2018
    ———

    Acted for one of the founding shareholders of a sport clothing brand in order to protect its minority stake.

    Corporate / M&A Corporate litigation
  • 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
  • Jun
    2018
    ———

    Assisted Dutch retail chain Men at Work in the run-off and divestment of its (60) stores, HQ, stock and brands.

    Restructuring & insolvency
  • May
    2018
    ———

    Assisted AMST, an the Austrian family-owned soft- and hardware development company for the aviation industry, to acquire the then insolvent Simteq simulator, software and technology business  for both Boeing 737 and Airbus A320.

    Restructuring & insolvency Corporate / M&A
  • 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
  • May
    2018
    ———

    Advised AMST-Aviation B.V., the aviation services company, on employment issues subsequent to the bankruptcy and subsequent acquisition of a competitor company.

  • May
    2018
    ———

    Acted for the litigation funding party of a collective action in the automotive industry.

    Corporate litigation Commercial contracts & litigation
  • May
    2018
    ———

    Defended Baars Beheer, an offshore and industrial company, based in Sliedrecht, active in construction, lease and sale of container pontoons and Split Hopper barges. Dispute conducted before the Enterprise Chamber. All charges were refuted and the company’s counter petition to intervene in the supervisory board was accepted.

    Restructuring & insolvency Corporate litigation
  • Feb
    2018
    ———

    Acted initially as receiver and subsequently as a Court appointed bankruptcy Trustee in the wind-down of Pyroban Benelux B.V., the Dutch arm of a former Caterpillar business line specialising in explosion protection engine kits, components to engine OEMs and packagers in the oilfield markets. 

    Restructuring & insolvency
  • 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
  • Feb
    2018
    ———

    Assisted Parcel International, a Dutch provider of forwarding and logistic services, in negotiating and setting up various joint ventures with international postal and air traffic organisations. 

    Corporate / M&A Commercial contracts & litigation
  • 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
  • Jan
    2018
    ———

    Assisted Varova Fashion Group now known as Brand Retail Group (110 stores, 1500 people employed, €140m revenue p/a) and Standard Investment (as a shareholder) in negotiating an Amendment and Restatement relating to a Loan Facility Agreement with senior credit provider HIG WhiteHorse. Varova now focuses on its most successful brands Sissy Boy, Open 32 and Tumble ’n Dry. For news click here.

    Restructuring & insolvency Banking & finance Restructuring & insolvency / International engagements
  • Jan
    2018
    ———

    Advised merchant bank DVB Bank, on employment and employee participation aspects on relocating its headquarters.

    Employment law & reorganisation
  • Jan
    2018
    ———

    Assisted a multi-billion African investment bank to recover outstanding bond and note claims in excess of €200m.

    Corporate litigation Banking & finance
  • 2017
  • Dec
    2017
    ———

    Acting for Rabobank in a commercial dispute in the retail/sports sector after successfully defending the bank in first instance and appeal proceedings on complex international private law aspects regarding jurisdiction and the scope of a plegdee’s enforcement powers in an international context.

    Commercial contracts & litigation
  • Nov
    2017
    ———

    Defended Telor International Limited, the majority shareholder in Echo Pharmaceuticals B.V., active in production and development of therapeutic  cannabinoids. In a shareholder dispute before the Enterprise Chamber, all charges were refuted. Furthermore, the Enterprise Chamber held that there were sufficient grounds to question the conduct of the petitioning shareholder, which would merit an investigation into this conduct, precisely as we had argued on behalf of Telor. However the Court did not open said investigation in Echo’s interest. For the Court's decision from 23 February 2018 click here.

    Corporate litigation
  • Sep
    2017
    ———

    Acted as defence counsel for Orifarm A/S in summary proceedings concerning the alleged infringement of Allergan, INC’s second medical use claims for its Botox patent. The claims were refuted and Allergan did not appeal the decision.

    Commercial contracts & litigation IP & pharma
  • Sep
    2017
    ———

    Represented the CRO before the Enterprise Chamber in a corporate dispute over the restructuring of VADA, a metal recycling business. All charges were refuted. For the Court decision click here.

    Restructuring & insolvency Corporate litigation
  • 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
  • Aug
    2017
    ———

    Advised the board of directors of Home Center International B.V., parent company of a group of home improvement (DIY) retailing companies, with a dominant market position in Israel. We assisted the board as to the company's dealings with the group's lenders and supported certain proceedings before the District Court of Tel Aviv.

    Corporate litigation
  • Aug
    2017
    ———

    Advised the Profireal Group SE board on certain accounting matters. Profireal Group is a multinational company providing credit and financing services in Central and Eastern Europe with consolidated assets of approximately €400m.

    Restructuring & insolvency
  • Jul
    2017
    ———

    Provided strategic advice to a Rotterdam based real estate company for inter alia hospitality services in one of its centrally located, iconic, office and residential buildings on its filing and Trademark Prosecution portfolio. 

    IP & pharma
  • Jun
    2017
    ———

    Acted as counsel for a claimant of copyright infringement injunctive relief in ex parte proceedings before the provisions judge of the court of Rotterdam.

    IP & pharma
  • Jun
    2017
    ———

    Advised the Flextra Group shareholders on the group’s restructuring and subsequent buy-out. Flextra is a temporary employment agency in the construction sector with approximately 1500 employees.

    Restructuring & insolvency Corporate / M&A
  • May
    2017
    ———

    Acted as defence counsel for a listed spirits’ wholesaler in a court case on parallel importation of goods into the EEA market and the free circulation of goods within the EEA.

    IP & pharma
  • May
    2017
    ———

    Acted for management and owners of Verkerk Groep (technical installations) in minimising business interruption by selling the business to the French multinational Vinci Energies.

    Restructuring & insolvency Corporate / M&A
  • May
    2017
    ———

    Acted for (approx.) €120m turnover passenger transport organisation regarding its bank and the winding up of an unfortunate foreign investment.

    Restructuring & insolvency Banking & finance
  • May
    2017
    ———

    Assisted the management of education administrative support company Vizyr now known as ONS (serving 400 schools and 8000 teachers/educational employees) to attempt to resolve  a commercial contract cancellation with its main customer.

    Restructuring & insolvency Commercial contracts & litigation
  • Apr
    2017
    ———

    Assisted in the restructuring and refinancing of a heavy lifting and heavy shipping business.

    Restructuring & insolvency Banking & finance
  • Feb
    2017
    ———

    Acted as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests against the administrators of the training school in a successful business mediation.

    Restructuring & insolvency Corporate litigation
  • Jan
    2017
    ———

    Advised and acted on behalf of Dylan Steel Solutions, a worldwide distributor of steel pipes, fittings, flanges and solid steel bars regarding Dutch labour law requirements for an international closedown.

    Employment law & reorganisation
  • 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
  • Jan
    2017
    ———

    Acted as the court appointed bankruptcy trustee for the Dutch arm of Fontijne Grotnes group, one of the world’s leading innovative equipment manufacturers and headquartered in Vlaardingen. Fontijne has facilities in Vlaardingen, The Netherlands and in Niles, Michigan, USA, in addition to regional sales and service offices in China, Korea, Japan, India and Russia.

    Restructuring & insolvency
  • Jan
    2017
    ———

    Acting for Telor International Limited in defence against various claims based on alleged breach of contract and tort action before the district court in Amsterdam, all related to dealings of a portfolio company active in the application of cannabis as a medicine. 

    Commercial contracts & litigation
  • 2016
  • Dec
    2016
    ———

    Advised on group restructuring and subsequent equity participation in a shipyard.

    Restructuring & insolvency Corporate / M&A
  • 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
  • Oct
    2016
    ———

    Advised a foreign company on its entry to the Dutch food delivery market. Advice given on the company’s intellectual property structure, licensing contracts and terms of use.

    Commercial contracts & litigation IP & pharma
  • Oct
    2016
    ———

    Acted for a family-owned retail chain in relation to participation in the company by a private-equity-owned foreign strategic investor.

    Restructuring & insolvency Corporate / M&A
  • Sep
    2016
    ———

    Acted as Dutch counsel for (several parts of) a financial institution holding substantial amounts of fixed rate bearer notes issued by PTIF BV and guaranteed by Oi S.A. under their € 7,500,000,000.00 Medium-Term Note Programme.

    Restructuring & insolvency Banking & finance
  • Sep
    2016
    ———

    Defended a leading Dutch pipeline inspection company against a disclosure of evidence claim in interim relief proceedings before the District Court of The Hague. This was  the sole first-instance court in patent cases in The Netherlands. The Dutch defendant was the proprietor of the source code that allegedly infringed claimant’s US patent. All claims were denied. ECLI:NL:RBDHA:2016:11387

    IP & pharma
  • Aug
    2016
    ———

    Assisted management in both turnaround and balance sheet restructuring of Cleanlease - annual turnover €130m - a group of companies active in leasing and laundering of linens and clothing. The assignment encompassed protection of secured refinancing against an injunction before the Enterprise Division of the Amsterdam Court of Appeal; for the decision click here.

    Restructuring & insolvency
  • Jul
    2016
    ———

    Acted as court-appointed director of the Centre for the development of logistics and transport in Europe (CETLE), a foundation involved in EU-supported transport related projects.

    Restructuring & insolvency
  • 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
  • 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
  • May
    2016
    ———

    Acted as bankruptcy trustee of the MS Megan-C, a €20m, 9,530 tonne (DWT) multipurpose vessel, built in 2011 and registered on the Isle of Man.

    Restructuring & insolvency
  • Apr
    2016
    ———

    Acted for Coface and Glencore Grain in relation to (the bankruptcy of) Abengoa Bioenergy Netherlands B.V., a large bio-ethanol producer. Part of the Abengoa Group, a Spanish multinational corporation, it holds companies within the energy, telecommunications, transportation and environment sectors, with 13,341 employees and showing €330m turnover as of March 2019. 
     

    Restructuring & insolvency Banking & finance Restructuring & insolvency / International engagements
  • 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
  • Feb
    2016
    ———

    Acted as counsel to Great American in its tender for the winding-up of V&D and Macintosh.

    Restructuring & insolvency
  • Feb
    2016
    ———

    Advised the board of a Dutch retail organisation, comprising 700 employees, undergoing a reorganisation and collective lay-off.

    Employment law & reorganisation
  • Jan
    2016
    ———

    Acted as bankruptcy trustee of VLM Nederland B.V., a flight crew entity employing 75 people.

    Restructuring & insolvency
  • 2015
  • Dec
    2015
    ———

    Acted as defence counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.

    Restructuring & insolvency Corporate litigation
  • Nov
    2015
    ———

    Acted for Erasmus Medisch Centrum in the structuring of one of its private initiatives.

    Corporate / M&A
  • Oct
    2015
    ———

    Acted as one of the bankruptcy trustees over Rijnmond Energy, an 820 megawatt and €0.5 billion, base load power plant in the Rotterdam area.

    Restructuring & insolvency
  • Sep
    2015
    ———

    Acted for a general hospital (annual turnover €300m) in the structuring to optimise its private initiatives, both from a tax and a governance perspective.

    Restructuring & insolvency Corporate / M&A
  • Aug
    2015
    ———

    Defended Orange Financial Lease against the trade name infringement claims of claimant Financial Lease Nederland.

    IP & pharma
  • Jul
    2015
    ———

    Advised the board of Flynth, an accounting and services firm employing 1300 people (in excess of 60 establishments) in The Netherlands, on employee participation and employment law aspects. This covered a wide-scale, post-merger harmonisation of employment conditions (Flynth).

    Employment law & reorganisation
  • 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
  • Jun
    2015
    ———

    Assisted Concordia de Keizer, a certified insurance broker, in redressing some unlawful ‘poaching’ of customers and staff as well as violation of portfolio rights by a competitor.

    Employment law & reorganisation
  • Jun
    2015
    ———

    First-instance court litigation concerning an alleged copyright infringement on behalf of Dutch defendant Mei Sum Food against Maxim’s Caterers Ltd. of Hong Kong. Infringement claims, access to seized documents claims and ancillary claims were refuted.

    IP & pharma
  • Jun
    2015
    ———

    Advised BNP Paribas joint venture’s board (Economy Bank)on dealing with employee participation rights and employment law re the winding down and collective dismissal of an Amsterdam based establishment.

    Employment law & reorganisation
  • Jun
    2015
    ———

    Acted on behalf of De Viersprong, a highly specialised mental healthcare institute (GGZ) employing over 300 people, in its successful standstill and turnaround negotiations with its financiers, institutional creditors, the WFZ (healthcare guarantee sector fund) and the relevant healthcare insurers.

    Restructuring & insolvency
  • May
    2015
    ———

    Acted for Great American in the successful bid for the bankrupted Schoenenreus business.

    Restructuring & insolvency
  • Apr
    2015
    ———

    Assisted GEA, a German mid-cap, on designing centralised employee (1500) participation, lay-offs and a transformation of the Dutch group of companies.

    Employment law & reorganisation
  • 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
  • Mar
    2015
    ———

    Acted for Kuwait Petroleum Corporation (Q8) on the disposal of a refinery, on employee participation and employment law related aspects of a pre-transaction reorganisation.

    Employment law & reorganisation
  • Mar
    2015
    ———

    Represented a Dutch party organisation in its injunction order against defendant’s use of the trade name, domain name and Facebook page for “S’Oranje” in relation to King’s Day festivities under that name (ECLI:NL:RBROT:2015:2166).

    IP & pharma
  • Feb
    2015
    ———

    Represented a certification institute in a defamation case against a press medium. Defendant was ordered immediately to cease and desist from publishing news articles about claimant and was ordered to remove and correct the disputed blogs on its website.

    IP & pharma
  • Jan
    2015
    ———

    Acted for Alteri in the bidding process for bankrupted retailer Mexx.

    Restructuring & insolvency
  • 2014
  • Dec
    2014
    ———

    Acted as envisaged bankruptcy trustee/prepack administrator for healthcare institute STMG (3000 people employed), contributing to its entirely solvent liquidation and divestment process within a four months’ timeframe.

    Restructuring & insolvency
  • Nov
    2014
    ———

    Appointed on an annual basis as trustee of OW Bunker and OW Global Trading, two OW Bunker subsidiaries with an annual turnover of €1.5 billion. OW Bunker is one of the world's biggest players in oil bunkering.

    Restructuring & insolvency Banking & finance Restructuring & insolvency / International engagements
  • Oct
    2014
    ———

    Acted for the lessor and owners of bankrupted Nedstaal, one of the world’s leading production facilities of steel and ball bearings for the automotive manufacturing industry.

    Restructuring & insolvency
  • Oct
    2014
    ———

    Litigation before the interim judge of the Dutch EU trademark court concerning the seizure of infringing goods in relation to the Anti-Piracy Regulation. Represented  the defendant and the claim to have the seizure lifted was refuted.

    Corporate litigation IP & pharma
  • Sep
    2014
    ———

    Acted for an educational institute to address fundamental strategic issues.

    Restructuring & insolvency
  • Aug
    2014
    ———

    Acted as silent trustee over a financially regulated company active in the leisure industry to oversee its refinancing for the foreseeable future.

    Restructuring & insolvency
  • Jun
    2014
    ———

    Advised an ad hoc committee of bondholders on Dutch law aspects of an international restructuring.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • Jun
    2014
    ———

    Acted for the insured contractor in relation to the clean-up of a large oil spill.

    Corporate litigation
  • May
    2014
    ———

    Engaged to assist a parental initiative in successfully restarting a failed yet unique day care centre, being the oldest one in Rotterdam.

    Restructuring & insolvency
  • Apr
    2014
    ———

    Acted on a pro bono basis to help an employees' initiative to restart iconic Rotterdam bookstore 'Donner'.

    Restructuring & insolvency
  • Mar
    2014
    ———

    Acted as trustees in the bankruptcy of KPNQwest N.V., a top 25 AEX listed telecommunication company with a €2.2 billion deficit, in a lawsuit against its parent, joint venture partners Qwest Communications and KPN and certain executive and non-executive directors. After years of litigation on both sides of the Atlantic, the matter was settled for €260m, possibly the largest D&O liability settlement on Dutch territory to date.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • Feb
    2014
    ———

    Acted for Attero, the largest Dutch recycling and disposal company in Holland, in various commercial and insolvency related dealings with both subcontractors and a joint venture partner.

    Corporate litigation
  • Jan
    2014
    ———

    Assisted Excent, a chain of dental laboratories, on employment issues.

    Employment law & reorganisation
  • 2013
  • Dec
    2013
    ———

    Acted in a bond restructuring for the management of a Dutch holding company of a power electronics and PV inverter manufacturer.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • 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
  • Oct
    2013
    ———

    Represented a Dutch leisure boats’ manufacturer in appeal court litigation concerning copyright infringement of a competitor’s designs. In first instance and on appeal the claims were refuted.

    Corporate litigation IP & pharma
  • 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
  • Aug
    2013
    ———

    Acting as co-trustee in the restart of lingerie brand Marlies Dekkers.

    Restructuring & insolvency
  • May
    2013
    ———

    Advised a global player in the oil and chemical services industry, successfully steering the company clear of insolvency.

    Restructuring & insolvency
  • May
    2013
    ———

    Acted for a privately owned outplacement and re-employment company on loan term negotiations with its lenders.

    Restructuring & insolvency
  • Apr
    2013
    ———

    Advised the shareholders of a biogas plant on the various restructuring options for the company.

    Restructuring & insolvency
  • Jan
    2013
    ———

    Assisted High Speed Alliance and Dutch National Railways to reach a temporary replacement for the Fyra line to Brussels.

    Restructuring & insolvency
  • 2012
  • Dec
    2012
    ———

    Assisted a Dutch credit insurer in structuring the reinsurance of some of its risks.

    Corporate litigation
  • Nov
    2012
    ———

    Assisted Allianz in reaching a settlement in international (Canadian) litigation involving a Dutch insolvent insured party.

    Restructuring & insolvency
  • Oct
    2012
    ———

    Advised NedCar in its successful rescue through a deal with BMW and VDL.

    Restructuring & insolvency
  • Sep
    2012
    ———

    Advised TBI Holdings on supply issues caused by the insolvency of a subcontractor to one of its business units.

    Restructuring & insolvency
  • Aug
    2012
    ———

    Acted for the Dutch part of the US Chapter 11 restructuring of ATP Oil & Gas, a Houston-based developer of oil and natural gas in the Gulf of Mexico and the North Sea.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • Aug
    2012
    ———

    Acted for Dutch Railways in the execution of its divestment in Syntus.

    Corporate litigation
  • Jul
    2012
    ———

    Acted as lead counsel for TBI Holdings, a major Dutch construction company, in the successful acquisition of mid-size bankrupted building company Groothuis.

    Restructuring & insolvency
  • Jun
    2012
    ———

    Acted for the Pink & Nelson management in the successful governance stabilisation of its business.

    Restructuring & insolvency
  • 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
  • May
    2012
    ———

    Assisted Odfjell, a global sea transport and tank terminal group listed in Oslo, in dealing with trade unions and a strike, in addition to a contentious reorganisation and employee lay-off of the Dutch activities following a safety shutdown.

    Employment law & reorganisation
  • Feb
    2012
    ———

    Acted for Dutch National Railways in the restructuring of the HSL-Zuid (high speed) activities.

    Restructuring & insolvency
  • 2011
  • Dec
    2011
    ———

    Acted as bankruptcy trustee in the liquidation of Atta Makelaardij, historically one of the larger, regional real estate agents.

    Restructuring & insolvency
  • Dec
    2011
    ———

    Acted as counsel to a listed Dutch multinational, active in the field of nutritional supplements, to assure continuity in the services of one of its key suppliers.

    Restructuring & insolvency
  • Nov
    2011
    ———

    Acted for Pan-Invest as the management of the Dutch holdco in the restructuring of a large Romanian Real Estate Fund.

    Restructuring & insolvency
  • Nov
    2011
    ———

    Acted for the management of the Dutch finance company of Q-Cells in the restructuring (and sale) of the German solar energy equipment producer Q-Cells SE, a company with, at the time, an annual turnover of €1 billion and employing 2,000 people.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • Apr
    2011
    ———

    Acted as Dutch counsel to the REIT’s facility agent holding parts of the Karstadt Quelle real estate portfolio.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • Mar
    2011
    ———

    Acted for Gemeente Amsterdam to resolve issues for Stedelijk Museum following the bankruptcy of building company Midreth.

    Restructuring & insolvency
  • Feb
    2011
    ———

    Acted as liquidator in the solvent liquidation of one of the largest Spanish co-operative firm’s holding companies.

    Restructuring & insolvency
  • 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
  • Dec
    2010
    ———

    ECJ 22 December 2010, case C-120/08, Bavaria / Bayerischer Brauerbund, ECR  (2010)p. I-13393. Legality of geographical indication "Bayerisches Bier" (see also case C-343/07). Priority rules between trademark and geographical indication.

    IP & pharma
  • Aug
    2010
    ———

    Advised a large healthcare institution on highly regulated employment law issues.

    Employment law & reorganisation
  • 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
  • 2007
  • Sep
    2007
    ———

    ECJ 20 September 2007, case C-371/06, Benetton / G-Star, ECR (2007) p. I-7709
    Trade mark law. A shape as a trademark.

    IP & pharma
  • Jan
    2007
    ———

    Assisted the German administrator of (parent co of) BenQ Mobile Holding BV, the holdco for the former German BenQ-Siemens mobile phone division. The company was eventually disbanded when a suitable buyer could not be found. This resulted in around 2,000 BenQ Mobile employees losing their jobs.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • 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
  • 2005
  • Oct
    2005
    ———

    ECJ 18 October 2005, case C-405/03, Class / SmithKline Beecham, ECR (2005) p. I-8735 Trade mark law.
    Exhaustion of rights. Transit trade and burden of proof.

    IP & pharma
  • Jul
    2005
    ———

    ECJ 14 July 2005, case C-40/03 P, Rica Foods, ECR (2005) p. I-6811 Trade law. Trade restrictions on imports from OCTs.

    IP & pharma
  • Jul
    2005
    ———

    ECJ 14 July 2005, case C-41/03 P, Rica Foods, ECR (2005) p. I-6875
    Trade law. Restrictions on imports from OCTs.

    IP & pharma
  • Mar
    2005
    ———

    Acted as liquidator of the majority of the Enron entities in the Netherlands, subsidiaries of Enron Corp., an American energy, commodities and services company that failed due to one of the largest accounting scandals in the world.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • 2004
  • Sep
    2004
    ———

    ECJ 7 September 2004, case C-127/02, Waddenvereniging, ECR (2004) p. I-7405 Environmental law. Interpretation Habitat Directive.

    IP & pharma
  • Sep
    2004
    ———

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

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

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

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

    ECJ 12 February 2004, case C-236/02, Slob I, ECR (2004) p. I-1861
    Agricultural law. Dairy market.

    IP & pharma
  • Jan
    2004
    ———

    Acted as Dutch counsel for Dr. Bondi, the special administrator appointed by the Italian Government over Parmalat, a multinational Food and Dairy corporation, which collapsed in 2003 leaving a GBP£13 billion hole in its accounts. This  remains Europe’s biggest bankruptcy case. At the time, four Dutch (finance) vehicles represented more than four billion (€ 4,000,000,000,) of the group’s debt: following the debt-for-equity based restructuring they were, eventually,  liquidated in 2016.

    Restructuring & insolvency Restructuring & insolvency / International engagements
  • 2003
  • Sep
    2003
    ———

    ECJ 30 September 2003, case C-167/01, Inspire Art, ECR (2003) p. I-10155. Right of free establishment.
    Legality of restriction on the establishment of foreign companies.

    IP & pharma
  • 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
  • Feb
    2002
    ———

    ECJ 26 February 2002, case C-23/00 P, Boehringer Ingelheim / Council, ECR (2002) p. I-1873
    Registration of veterinary medicines. Legal protection.

    IP & pharma
  • 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
  • Dec
    2000
    ———

    ECJ 14 December 2000, cases C-300/98 and C-392/98, Dior / Tuk and Assco / Layher, ECR (2000) p. I-11307 Trademark law.  Direct effect of TRIPS (WTO).

    Corporate litigation IP & pharma
  • 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 4 February 2000, case C-17/98, Emesa, ECR (2000) p. I-665
    Decision on procedural issues.
    European Convention Human Rights.

    IP & pharma
  • 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
  • Jan
    2000
    ———

    ECJ 11 January 2000, cases C-174/98 P and C-189/98 P, Gerard van der Wal / Commission, ECR (2000) p. I-1 Public access to Commission documents.

    IP & pharma
  • 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
  • 1998
  • Dec
    1998
    ———

    ECJ 17 December 1998, case C-364/98 P(R), Emesa, ECR (1998) p. I-8815 Injunction (appeal). Import restrictions on Overseas Countries & Territories (OCTs).

    IP & pharma
  • Dec
    1998
    ———

    ECJ 17 December 1998, case C-363/98 P(R), Emesa, ECR (1998) p. I-8787
    Injunction (appeal).Import restrictions on Overseas Countries & Territories (OCTs).

    IP & pharma
  • 1997
  • Nov
    1997
    ———

    ECJ 11 November 1997, case C-349/95, Loendersloot / Ballantine, ECR (1997) p. I-6227
    Free movement of goods.
    Re-labelling of luxury products.
    Trademark law.

    IP & pharma
  • Jul
    1997
    ———

    ECJ 9 July 1997, case C-316/95, Generics / Smith Kline & French, ECR (1997) p. I-3929. Free movement of goods. Registration of pharmaceuticals.
    Patent law.

    IP & pharma
  • 1995
  • May
    1995
    ———

    ECJ 10 May 1995, case C-384/93, Alpine Investments, ECR (1995) p. I-1141. Free movement of financial services.
    Legality of  national prohibition on "cold calling".

    IP & pharma
  • 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
  • 1992
  • Oct
    1992
    ———

    ECJ 28 October 1992, case C-219/91, Ter Voort, ECR (1992) p. I-5485
    Free movement of pharmaceuticals.
    Definition of the concept of pharmaceutical.

    IP & pharma
  • Feb
    1992
    ———

    ECJ 18 February 1992, case C-54/90, Weddel II, ECR (1992) p. I-871 Refusal of EC to allow a Commission official to testify in a national court.

  • 1981
  • Oct
    1981
    ———

    ECJ 6 October 1981, case 246/80, Broekmeulen / KNMG, ECR (1981) p. 2311
    Free movement of persons.
    Recognition of  general medical practitioners’ qualifications.

    IP & pharma