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8 results for JD Supra Netherlands › Allen & Overy LLP

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  • Highest Dutch court annuls ACM’s joint dominance decision in telecoms sector

    The Netherlands Authority for Consumers and Markets (ACM)’s Wholesale Fixed Access decision in the telecoms sector is the first Dutch market analysis based on a theory of joint dominance. The highest Dutch court for these matters has now found that the ACM committed fundamental errors in applying this theory and has annulled the decision in its entirety. As a result, KPN and VodafoneZiggo are no...

  • Potential Changes to Settlement of High-Profile Corruption Cases in the Netherlands

    Although the Netherlands is generally considered low risk when it comes to bribery and corruption, the Dutch Public Prosecution Service (DPPS) has been involved in settling several of the most high-profile cases involving global corporations of the last years.

  • The Netherlands Commercial Court, a new forum of choice?

    The Netherlands Commercial Court (NCC) will soon be up and running in Amsterdam. Parties can already choose to bring disputes before this new and specialised chamber of the Court of Amsterdam by including a forum clause in their contracts today. The NCC will hear complex international civil or commercial disputes. The NCC aims to be an attractive alternative to international arbitration and...

  • Bank must pay negative interest to client under a consumer mortgage loan

    A recent binding advice of the Dutch Financial Services Complaints Tribunal (Tribunal) ordered a bank to pay negative interest to a client on the basis, inter alia, that there was no interest rate floor in the agreement. This decision has received much attention in the Netherlands. The issue arose due to falling reference interest rates such as Euribor and Libor.

  • Dutch Court Sets Aside USD 50 Billion In Yukos Arbitration Awards

    In a judgment handed down on 20 April 2016, The Hague District Court set aside the awards in three arbitrations rendered against the Russian Federation in investment treaty cases brought by former shareholders in Yukos.

  • Termination Of Credit Agreements — Not Always Straightforward

    Whether a bank may validly terminate a credit agreement, even on the basis of a contractually agreed termination provision, is often not straightforward and depends on the type of borrower, the availability of alternative funding and the reason for termination. This article examines recent Dutch case law which illustrates the factors taken into account by the courts when assessing whether a...

  • Dutch Tax Plan 2016

    Today, the Dutch Ministry of Finance published its Tax Plan 2016. In fact, the government sent six separate Bills to Parliament (one on 11 September and the other five on 15 September). Hereinafter we will refer to these six Bills together as the Tax Plan. In this e-alert we discuss the proposals which are of interest to the business community. Given the fact that the government does not have a...

  • Dutch Tax Plan 2015 and other changes in Dutch tax law

    Today, the Dutch Ministry of Finance published its Tax Plan 2015 (hereinafter: Tax Plan). The Tax Plan primarily has an impact on citizens of the Netherlands, especially employees. The impact for the business community itself, in terms of taxes levied directly from businesses, is relatively limited. However, the changes in the wage tax which have already been approved by Parliament, especially...

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