Insights

Europe’s journey toward a low-carbon future heavily relies on the growth of carbon capture, usage and storage (CCUS). While the potential is vast, the sector’s success hinges on well-structured financial and regulatory support. In partnership with our Best Friend firms - BonelliErede, Bredin Prat, Hengeler Mueller, Slaughter and May and Uría Menéndez - De Brauw has created a comprehensive guide that highlights the current state of CCUS in Europe, delves into the shifting regulatory landscape affecting the value chain and outlines opportunities for establishing a European CO2 market across borders. Discover more by accessing the full guide here.

The Dutch government has unveiled a new law designed to bolster and regulate the defence and security industry in the Netherlands. The proposed Defence and Security-Related Industry Resilience Act (Defence Resilience Act) is directed at companies active in these industries and contains a number of provisions aimed at improving Dutch armed forces operations. Structured around three major pillars, the act introduces a new sector-specific foreign direct investment (FDI) screening mechanism, lays out a framework for certifying Dutch companies to compete for foreign defence contracts, and draws up measures to enhance the Dutch defence industry's production, innovation and international competitiveness in general. Companies active in defence and security-related sectors can expect changes in M&A processes, new opportunities for international contracts, and a stronger regulatory framework that aligns with EU, US and Canadian standards. This could lead to increased economic activity coupled with more regulatory hurdles and government supervision.

A bill amending the statutory shareholder dispute resolution proceedings (geschillenregeling), which we reported on in our earlier update, has been adopted by parliament and will enter into force on 1 January 2025. The proceedings provide mechanisms for resolving disputes among shareholders in Dutch companies, in particular through a forced exit. The amendments aim to enhance the effectiveness of these proceedings.

On 6 September 2024, the Supreme Court of the Netherlands ruled in favour of Malaysia by dismissing an appeal filed by seven Filipino Citizens, the alleged heirs of the Sultanate of Sulu. The Filipino Citizens were seeking to overturn a Hague Court of Appeal decision dated 27 June 2023 which dismissed their application for recognition and enforcement in the Netherlands of a purported arbitral award amounting to USD 14,92 billion and rendered by Dr. Gonzalo Stampa against Malaysia. De Brauw successfully argued that the Hague Court of Appeal decision should be upheld. The Supreme Court judgment can be found here (in Dutch).

De Brauw advised G Square on the contemplated sale of its portfolio company, the Duomed Group to Palex Medical through execution of a put option agreement. The Duomed Group is a dynamic organization with a well-established reputation and is active in consultancy, sales, integration, training and technical support of medical technology and devices for hospitals and medical practices. The Duomed Group is active in Denmark, Sweden, The Netherlands, Belgium, Luxembourg, France, Switzerland, the UK, Serbia and Slovenia. The envisaged transaction would form a truly pan-European platform, providing medical technology equipment and solutions across Northern, Western, and Southern Europe

De Brauw is advising Aquiline Capital Partners on the sale of its stake in Quintes, one of the largest independent insurance brokers in the Netherlands, together with the other shareholders being Gijsbert van de Nieuwegiessen (founder) and key management, to Brown & Brown, Inc.