Arjan Kleinhout

Arjan specialises in public law and mainly focuses on energy and environment, state aid, market regulation and public enforcement matters. Arjan has a special interest in energy regulation, state aid and data and privacy enforcement. Arjan is known in the market for his thorough but pragmatic and effective approach to resolving matters. These characteristics and his vast knowledge of public law (including EU regulation) allow him to offer on-point legal advice in complex multi-disciplinary cases. Clients value his sharp legal analyses, strong memory and hands-on approach in achieving the best outcome in regulatory, litigation and enforcement matters. Many clients have praised Arjan’s extensive experience and knowledge of markets and sectors.

According to clients, “Counsel Arjan Kleinhout is the go-to-person for extremely complex and technical energy regulatory questions. He is down to earth and his calm personality helps diffuse volatile situations in negotiations and litigation.”

Arjan is a cutting-edge litigator before the highest administrative and civil courts (both national and European), as well as a sharp negotiator in several cases before the regulatory authorities. These include the Netherlands Authority for Consumers and Markets, the Dutch Data Protection Authority and the European Commission.

His active involvement in complex regulatory and litigation matters contributes towards De Brauw’s integrated approach – unrivalled compared to other firms.

Arjan’s recent work includes:

• Inter IKEA – state aid investigations by the European Commission
• TenneT (NL and Germany) – a unique appeal against ACER (EU energy regulator) – before ACER’s Board of Appeal. There have been fewer than ten cases like this in the EU.

• Facebook – investigations by the Dutch DPA and in mass claims proceedings
• Schiphol Airport – proceedings regarding the capacity at Schiphol, Eindhoven, Rotterdam-The Hague and Lelystad airports and nature conversation permits.
• Gasunie and the Port of Rotterdam – the large-scale heat-distribution network known as the “heat roundabout”
• Several companies on investigations and sanctions imposed by the Dutch DPA
• Uber,  Facebook and other platforms on administrative and criminal enforcement matters
• TenneT (the Netherlands and Germany), Energinet (Denmark), Port of Rotterdam and Gasunie – the North Sea Wind Power Hub, an innovative cross-border new energy platform;
• Westermeerwind – appeal proceedings before the Dutch Trade and Industry Appeals Tribunal against a multi-million wind farm subsidy recovery action by the Dutch State, based on alleged non-compliance with state aid rules
• Gasunie, TenneT, Amsterdam Schiphol Airport and the Dutch Pilots Association – ACM proceedings on tariff regulation and related? litigation
• Various state-owned entities – privacy & enforcement advice