Real Estate

De Brauw has advised Eurocommercial Properties N.V. on the Dutch law and regulatory aspects of the listing of its shares on Euronext Milan. Eurocommercial was able to benefit from a Prospectus Regulation exemption due to its listing on Euronext Amsterdam and Euronext Brussels for more than 18 months, on the condition of the publication of a summary document. The project required elaborate work on Dutch law, corporate governance, clearing and settlement and other aspects to comply with stock exchange and clearing and settlement rules and practical requirements. Trading in Milan will start on 16 May 2023.

The founder and CEO Pieter Janssen of Prodrive Technologies Group B.V. and HAL Investments B.V. have acquired the Prodrive Technologies shares owned by co-founder Hans Verhagen.

De Brauw is advising Rivean Capital on its planned acquisition of the CED Group. The CED Group is a Dutch headquartered company and offers its clients a full range of claims management services, ranging from risk taxation and inspection to emergency assistance, together with (injury) claim loss adjustment and handling, repair in kind and recourse. CED is active in the Property, Mobility and Vitality domains and has a strong cross-border claims organisation. Besides the Netherlands, the CED Group is active in France, Belgium and Spain and has offices in 8 other countries for cross-border claims activities.

All large-scale construction projects that take place in relation to infrastructure, housing and energy transition with limited nitrogen depositions are affected by this landmark judgment. Earlier judgments had already demonstrated that for such projects, an ecological assessment is decisive. This is all the more relevant after the annulment of the special exemption for emissions caused by temporary construction activities (partiële bouwvrijstelling). Construction projects could get back on track if, based on an ecological assessment, significant negative effects on Natura 2000 areas can be excluded.

The Supreme Court decided on 10 July 2020 that banks can validly assign credit claims to non-banks, also if the underlying loans are non-performing or have been terminated. It also decided that if the assignee is not a bank, it can be required to observe the same duty of care towards debtors as would apply to a bank under the given circumstances. As such, the Supreme Court's decision not only confirms existing practice, but also provides guidance for future securitisations of Dutch loans.

How to mitigate unpredictable or uncertain risks has become a pressing topic in these uncertain times. During the decision-making process for activities or developments that may entail uncertain risks, public authorities have to assess the level of precaution that should be taken. The Council of State, the highest administrative court in the Netherlands, recently considered whether this "precautionary principle" demands stricter norms than legally required for the creation of wind parks because of potentially adverse health effects of wind turbine noise (lower frequencies of sound). The Council of State ruled that the politically responsible administrative authority is primarily in charge of assessing the need for such stricter norms. In May 2020, the minister asked the National Institute for Public Health and the Environment (RIVM) to formulate a research agenda on low-frequency noise.