Insights

On 11 June 2021, the new EU Dual-use Regulation 2021/821 was published in the EU Official Journal, set to replace current Regulation 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use-items. Often referred to as the Recast, it will enter into force on 9 September 2021. While it introduces additional controls, the Recast is much less ambitious in scope than the European Commission had originally envisaged, particularly in terms of addressing the human rights aspects of export controls and the lack of a level playing field due to differences in interpretation, application and enforcement among the Member States. Even so, it expands the range of general export authorisations available, reducing the administrative burden for exporters of relevant items. Companies involved with dual-use items are recommended to take note of the changes and to assess any implications and benefits that these may have on their business.

The Dispute Resolution Review offers a guide to those who are faced with disputes that frequently cross international boundaries. Eelco wrote the chapter on the Netherlands. It gives an overview of the dispute resolution framework, court procedure and legal practice, as well as recent developments and trends.

The emergency bill on coronavirus-related matters includes temporary facilities to mitigate the impact of the coronavirus outbreak on various aspects of society. For Dutch companies, the bill includes measures aimed at helping organise and time general meetings amidst the coronavirus pandemic, including the option of holding virtual shareholder meetings.

De Brauw advised Parcom and GoodHabitz's founders on the sale of a majority stake in GoodHabitz to Prosus. GoodHabitz is a fast-growing provider of online-training for the corporate market with eight offices throughout Europe.

De Brauw assisted IMCD in its acquisition of Shanghai Yuanhe Chemicals in China. Shanghai Yuanhe is a specialty coatings, textile and ink solution distributor in China. The acquisition is a strategic move of IMCD into the Chinese coatings market, complementing IMCD's sustainability ambition of its global Coatings & Construction Business Group.The transaction is announced and completed in June 2021.

De Brauw assisted the Kloosterboer family on the sale of Kloosterboer Group to Lineage Logistics. Lineage Logistics, one of the world’s leading and most innovative temperature-controlled industrial REIT and logistics solution providers, reached agreement to acquire the Dutch family-owned Kloosterboer Group, a leading independent integrated platform for temperature-controlled storage, logistics and value-added services in Europe.The Kloosterboer family will continue to be involved in the Kloosterboer Group, becoming investors in Lineage and rolling a part of their sale proceeds into Lineage equity.The transaction is subject to regulatory clearance and completion of the employee consultation process.