Highlight matters

aug 2018

Drawing up a consultation document on behalf of the Vereniging Eurospecialité's on the legislative proposal of the Dutch Government to change the reference price basket (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.

jun 2018

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

may 2018

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

feb 2018

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

jan 2018

Writing an information leaflet and organising an in-house -training on state aid for the civil servants and the board of mayor and aldermen of the municipality of Enschede in order to increase the knowledge on state aid on the different policy areas of the municipality.

sep 2017

Representing Orifarm Denmark in the injunction procedure against Allergan Inc. (USA) before the court of first instance in The Hague on the application of the so called Specific Mechanism (in the treaty on the accession to the EU of Poland and the other Eastern European Member States) to imports in the Netherlands of Botox, marketed by Allergan in Poland. The case is the first in the Netherlands on this issue and raises 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).

jan 2017

Acting as a legal counsel, advising various municipalities with a professional football club within their municipal territory on state aid aspects when the municipality plays a role regarding 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.

nov 2016

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

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

jul 2016

Successfully advising the municipality of Eindhoven in the 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).

jul 2015

ECJ 16 July 2015, case C-379/14, Top Logistics/Bacardi
- trademark law
- exhaustion of rights
- transit trade of excise goods

apr 2015

ECJ 29 April 2015, case C-51/13, Nationale Nederlanden / Van Leeuwen, ECLI:EU:C:2015:286
-  interpretation Life insurance Directive
-  compatibility of conditions in national law

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

sep 2013

General Court 16 September 2013, T-373/10, Villeroy & Bosch 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

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.

dec 2010

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

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

jul 2009

ECJ 2 July 2009, case C-343/07, Bavaria/Bayerischer Brauerbund
Legality of geographic indication ‘Bayerisches Bier’

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

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

sep 2004

ECJ 7 September 2004, case C-127/02, Waddenvereniging
environmental law
-  interpretation Habitat Directive

sep 2004

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

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

jul 2001

ECJ 12 July 2001, case C-365/99, Portugal / Commission
- acting for the Portuguese government
- trade restrictions on Portuguese beef (mad cows disease)

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

mar 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

mar 2000

ECJ 30 March 2000, case C-265/97 P, VBA (Flower Auction) / Florimex a.o., ECR (2000) p. I-2061
-  competition law and agriculture
-  Regulation 26

feb 2000

ECJ 8 February 2000, case C-17/98, Emesa, ECR (2000) p. I-675
-  trade law
-  import registration on Overseas Countries & Territories (OCT's)
-  sugar market

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 copy rights an abuse of dominance?