Recente zaken

Acted as Dutch counsel to a bank syndicate led by NORD/LB on a EUR 110 million ESG-linked financing for Deutsche Saatveredelung AG (DSV), one of Germany's leading plant breeders.

Acted as Dutch counsel to an IT services company in connection with its GBP 1,750,000 refinancing.

We advise on the ongoing undisclosed Dutch Scheme (WHOA) proceeding of an engineering and production company.

We hebben JZ Tank Container Fze, een dochteronderneming van Gentco Logistics, bijgestaan bij de verkoop van alle aandelen in TechnoPort B.V., een one-stop shop voor ISO-tankdiensten, aan Heniff Transportation Systems. 

Advised Energietransitiefonds Rotterdam in respect of the € 5.000.000 unsecured term loan facility provided to Pryme N.V. for the purposes of scaling the production facilities of its advanced pyrolysis plant, where it converts plastic waste into Liquid Plastic Waste (pyrolyze oil) and to prepare the build of its second plant on a commercial scale.

Acted as counsel to a family office as sole lender on a credit facility agreement of € 1,500,000.

We advised on the financial restructuring of a PE owned national chain of hospitality companies.

We provided a second opinion on an undisclosed Dutch Scheme (WHOA) proceeding of a medical company.

Acting alongside Fried Frank as Dutch local counsel to LumiraDx and FTI Consulting LLP on the sale of its point-of-care diagnostics business to Roche Diagnostics Limited for a headline purchase price of USD 295m. The sale was effected by way of a pre-packaged administration where FTI Consulting LLP acted as administrators.

De twee aandeelhouders van Marine Inspection Logistics International Rotterdam B.V. (MIL) geassisteerd bij de verkoop van hun onderneming aan Red Knot B.V., een dochtervennootschap van Smithers. Lees hier het persbericht.

Assisted a group of funds on the amendment of a €775 m Revolving Credit Facility provided to Hemisphere International Properties B.V. and the related WHOA process for Steinhoff International Holdings N.V. Arguably the largest WHOA process to date in terms of debt and assets involved.

Advising Hunter Douglas on the acquisition of Unilux Nederland B.V., Unilux IP B.V. and Unilux B.V.

Ruben Leeuwenburgh and Mark Mouthaan have advised a retail company on its successful financial restructuring, resulting in a debt reduction from € 63 million to € 15 million.

Representing an educational institution which focuses on offering post-graduate programs in a dispute with a university regarding broken off negotiations.

Representation of a trustee in bankruptcy in proceedings where the trustee holds the former board members of the bankrupt company liable for the deficit in bankruptcy of EUR 40 million.

Representation of an investor in real estate in disciplinary proceedings against the notary and attorneys involved .

Advising Hunter Douglas on the acquisition of Derako Systems B.V.

Defending a wholesale international trade pharmaceutical products company in a high-profile case before the Court of the Hague about infringement of Union trademarks. The proceedings are part of a broader, international dispute between parties, which raises questions about the interaction of foreign and Dutch law. The judgement is published here.

Representing an international wholesale company in A-brand consumer goods in proceedings before the Supreme Court. Read the Supreme Court’s judgement here.

Assisting a real estate investor in legal proceedings before the Enterprise Chamber in a shareholder dispute. The judgment is published here (ECLI:NL:GHAMS:2023:277) and here (ECLI:NL:GHAMS:2023:141).

Representing our client in a case before the Court of Appeal of The Hague concerning unauthorised parallel trade in brand whiskey (Jack Daniel’s). The grounds for appeal were, first, whether a company which was dissolved in 2007, is admissible and entitled to a claim and, second, what amounts of damages or profit remittance was owned to the trademark owner. In an interlocutory judgment, the Court set aside the first instance judgment and ordered the dissolved company to repay the damages received in first instance.

Advising a large property development and construction company in an extensive and multidisciplinary conflict with a municipality.

Marcel Windt has been appointed restructuring expert (herstructureringsdeskundige) by a Dutch court in undisclosed Dutch Scheme (WHOA) proceedings involving of a group of companies aiming to restructure over € 30 million of debt.

Defending one of Europe’s largest forwarding and logistics companies in proceedings before the Court of The Hague concerning the legal position of a logistics service provider in trademark law. The case raises new and challenging questions that potentially have a huge impact on the development of intellectual property law. The case is still pending, but an interlocutory judgment was published in July 2022.

Advising and assisted a large restaurant chain in various post-acquisition disputes with the transfer of shares.

Advising a NASDAQ-listed global logistics company on legislation regarding gender balance within the board of directors.

Advising the shareholders of ExpertDoc B.V. on the sale of the Company to Dedalus Private Equity.

We have acted for a leisure and events company on its financial restructuring resulting in a distressed takeover of the company and a € 30 million to € 15 million debt reduction. The undisclosed Dutch Scheme (WHOA) proceedings were leveraged to reach a consensual deal.

Advised and assisted a specialised healthcare institution regarding various disputes related to the development of real estate for a new care center, including a shareholders dispute.

Co-counsel of a large foreign state in Dutch proceedings to annul and revoke an arbitral award in a long standing, multi-jurisdictional dispute with several Mauritian entities concerning the termination of the lease of a valuable, state-owned satellite spectrum.

Richard le Grand has been appointed as monitor of Vendo Nederland B.V. by the Rotterdam court and has subsequently been appointed as restructuring expert. As monitor he has supervised the public Dutch scheme proceedings and as restructuring expert he is authorised to offer a scheme of composition (restructuring plan) to creditors and to request that the court sanctions the scheme.

At the request of the officials appointed by the Enterprise Chamber, i.e. temporary appointed director, representing an IT company in a corporate inquiry proceeding (enquêteprocedure) before the Enterprise Chamber. We successfully filed a new request, initiating the second phase of the proceedings, in order to have the court rule on mismanagement.

Representation of an accounting and administration office in a shareholder dispute before the Enterprise Chamber.

Advising the board of a large secondary school in various matters, including the Wet normering topinkomens (WNT), the (Standards for Remuneration) Act.

We have acted for a PE portfolio company on the restructuring of a lease resulting in a reoccurring sub-lease vacancy risk reduction and reoccurring cost reduction against financial support of the sponsor and bank. The Dutch Scheme (WHOA) was leveraged to reach a consensual deal.

Advising and assisting a large construction company on new contracts and working relations with independent contractors (so-called zzp’ers).

Representing a Rotterdam based company offering harbour tours in a trademark dispute against a competitor that used the company’s trademark as a Google AdWord. In preliminary relief proceedings, the judge found that the conduct detracted from the origin function of the trademark and ordered the competitor to cease and desist any further infringement. Read the judgment here.

Representing and assisting a multinational chemical company during collective actions and strikes initiated on behalf of the trade unions, during the negotiation for a new collective labour agreement.

Assisting one of the largest Dutch theaters in a dispute with a leading production company.

Advising InnoGenerics on the takeover of the assets of pharmaceutical factory Apotex in the Netherlands.  

Representation of a founder of a hotel group in ongoing proceedings and claims including disciplinary proceedings against the notary involved, who has lodged an appeal against the decision of the court to allow the disciplinary claim of the client in relation to her role in the foreclosure of certain assets. In June 2021 the Court of Appeal confirmed that the notary breached a duty of care. The judgment is published here (ECLI:NL:GHAMS:2021:1062). Disciplinary proceedings against one of the lawyers involved are also pending. The judgment in first instance is published here  (ECLI:NL:TADRSGR:2022:222). Appeal proceedings are pending.

We have acted for Tennor Holding B.V. in the appeal proceedings against its bankruptcy. Tennor has paid all operational creditors and has agreed ‘standstill’ arrangements with all its financial creditors. The Court of Appeal in Amsterdam accepted Tennor Holding B.V.’s argument that herewith the ‘insolvency situation’ was resolved and the bankruptcy was annulled on that basis.

Successfully assisting an IT-company against several claims related to non-compete.

Representation of a subsidiary of a major oil & gas company in a take-over dispute against Korean power giant Chint, where Chint claims that an agreement was concluded on the sale of shares in a subsidiary.

Appointed as liquidator (vereffenaar) of IHC B.V., former owner of Royal IHC, a world leading shipbuilder, Creating the maritime future - Royal IHC

Advising and assisting a large retail group on the dismissal of a board member, including the settlement of claims based on a shareholders’ plan.

Assisting a stevedoring and warehousing company on various matters related to its alcohol and drugs policy, including summary dismissal.

Assisting Stibbe Management in certain aspects of the acquisition of Stork Plastic Machinery. See: Stork IMM Spuitgietmachines | Injection Moulding Machines

Assisting a large IT-company on various company acquisitions and related matters such as pensions, collective labour agreements and independent contracts.

Assisting a sustainable energy joint venture in a contractual dispute with one of its shareholders.

Representing Made in Africa in a take-over dispute against Vlisco. Made in Africa is 50% owned by Kojo Annan (son of the late UN Secretary-General Kofi Annan). Our client takes the position that there is an exclusivity clause in the take-over negotiations and that Vlisco breached its good faith obligations by breaking off negotiations and selling the target company to a third party.

Appointed chairman of SRF, a Dutch Foundation that will distribute the most part of the EUR 1.4 billion Global Settlement as concluded between Steinhoff and a group of over 30.000 qualifying shareholders. See: Steinhoff Global Settlement (steinhoffsettlement.com)

Advising and assisting an international employment agency on international employment matters related to employment agency sector and coordinating various international employment projects.

Assisting a major transportation company in a criminal investigation of an industrial accident.

Distributed the final round of the EUR 300 million dividend to the KPNQwest N.V. creditors, constituting the termination of the bankruptcy of this AEX listed multinational, after nearly 20 years. See: KPNQwest - Wikipedia

Advising and assisting an international employment agency on international employment matters related to employment agency sector and coordinating various international employment projects.

Representing a tree and plant nursery in a dispute involving third-party attachment and the right of retention.

Assisting the non-executive board of New Office Centre in the refinancing and sale of NOCB (ex Staples) to a fund of distressed and hands-on investor Standard Investments. See: Nieuwe eigenaar voor moederbedrijf Staples - RetailNews (retailtrends.nl)

Acting for a high end plant breeder, active in vegetable growing and floriculture, on the amendment and restatement of its Senior Facilities Agreement with one of the leading Dutch banks.

Representing an international package delivery company in a contractual dispute with a credit management service provider.

We have advised Tennor Holding B.V., on its agreement with certain of its material creditors to restructure financial indebtedness of the Tennor Group and certain affiliated entities. The restructuring will include the issuance of EUR 1,450,000,000 First Super Senior Secured Notes by Tennor Holding B.V. and, subject to conditions, the transfer of certain existing equity securities of the Tennor Group which are currently held by creditors and the cancellation, subject to conditions, of existing bonds of the Tennor Group and certain of its affiliates which are currently held by creditors. For more information see: https://tennor.com/tennor-group-agrees-to-restructuring-of-financial-indebtedness-with-material-creditors/

Acting for two shareholders in the restructuring and refinancing of Dümmen Orange, https://emea.dummenorange.com/site/nl. 

Acting for The Coatinc Company, Het oudste familiebedrijf van Duitsland | The Coatinc Company,  active in a.o. surface technologies of hot-dip galvanisation and coating processes in replacing management of certain of its opco’s, and assisting in implementing a strategic re-orientation of Dutch parts of the group.

Representation of a legal expenses insurer, in a post-acquisition dispute against the transferor of shares in relation to an (alleged) misrepresentation of the value of assets.

Succesfully represented an industry-level pension fund in a dispute about the obligatory membership of its pension fund.

Successfully commenced summary proceedings on behalf of a large engineered heavy lifting and transport company before the district court, as a consequence of violations of agreements concerning the protection of (sensitive) business data and non-compete.

Co-counsel of a group company of an issuer – also being a major bondholder – of a bond program to fund its research and operations in the oil and gas industry, in a large dispute on the conversion of bonds and payment of loans.

Acting as bankruptcy trustee of Verolme Holding B.V. and its subsidiaries, the industrial heritage of the world leading shipbuilder as established by legendary enterpreneur Cornelis Verolme. For some publicity about the new start of the activities see: Verolme Moerdijk weer op de been na faillissement

Assisting a heavy lifting and transport company on cases related to maritime employment law and gross misconduct (criminal offences).

Advised the shareholders of Xolv B.V., an intermediary for credit insurance, working capital finance and credit management services, on the sale of a majority stake to Ecclesia.

Acting for a provider of horticulture technology on its financial restructuring, including an amendment of its Senior Facilities Agreement with one of the leading Dutch banks and the structuring of a Subordinated Loan.

Representing an international wholesale company in A-brand consumer goods in proceedings against a seizure of its original Heets products by tobacco manufacturer Philip Morris. The Court of Appeal of The Hague applied the doctrine as developed by the Court of Justice of the EU in the case Class International (18 October 2005, in case C-405/03), by stating that a trademark owner cannot successfully object against the sale and temporary storage of branded goods in transit in the EU/EEA, unless evidence is shown that the goods will necessarily be put in the EU/EEA market. Read the judgment here.

Investigating the policies and the course of affairs within a car dealership as an investigator appointed by Dutch Enterprise Chamber of the Amsterdam Court of Appeals.

Advised ATS Global on the acquisition of Pro-AT, a Dutch company for industrial automation and Perf-iT is Dutch software company that creates, distributes and implements Data Centre Infrastructure Management (DCIM) software globally.

Acting for EYE Control and part of its shareholders in a new round of funding of its expanding cyber security business. See: EYE beschermt ondernemingen - Cybersecurity, Opgelost.

Acting for Gemeente Hoeksche Waard in protecting its interests in the demise of medical equipment supplier HMC.

Successfully defending an international trading company against several employee’s claims, and advising on Covid-19 related issues and claims based on sexual intimidation and misconduct.

Representing the defendant in proceedings relating to the alleged purchase of a superyacht. The judgment is published here (ECL:RBAMS:2021:4531).

Advising and assisting a large printing company on a transfer of undertaking and transfer of employees (TUPE).

Acting for the management participation vehicle in the 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. Our instruction commenced early 2019 when we advised the management participation vehicle on the EUR 1.6 billion refinancing of IHC Merwede Holding.

Assisting an international fintech company, which provides the largest local payments network, on various international employment matters.

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

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

Acting for an Isle of Man based private equity investor and majority shareholder of a Netherlands based pharmaceutical company in multiple disputes related to this holding.

Representation of a private equity investor in an M&A-dispute with the seller with regards to the violation of guarantees in the SPA. The judgment is published here (ECLI:NL:RBROT:2021:2566 ).

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

Advised Odin Group, a portfolio company of Fortino Capital Partners, on the acquisition of managed service provider Platani Nederland.

Advised ATS Global, a provider of IT solutions for industry and process automation, on a minority participation by Rabo Corporate Investments.

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.

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. 

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

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.