Insights

The Corporate Sustainability Due Diligence Directive (CSDDD) entered into force on 25 July 2024, and EU member states have until 26 July 2026 to adopt the laws, regulations and administrative provisions necessary to comply with the CSDDD. In the Netherlands, a draft implementing bill was published on 18 November 2024. The draft bill is open for public consultation until 29 December 2024.

On 24 October 2024, the Court of Justice of the European Union (CJEU) issued an important ruling in Kwantum v Vitra. This ruling addresses the intersection of EU copyright law and the reciprocity test of Article 2(7) of the Berne Convention (BC Reciprocity Test). The decision could fundamentally alter copyright protection in the EU, particularly for works from third countries that do not offer domestic protection. As a result, works of applied art from non-EU countries, including the United States, may now receive full copyright recognition within the EU. The ruling also underscores the CJEU's continued push for harmonisation of copyright across EU member states.

On 8 November, the Dutch Supreme Court formulated the questions it will refer to the European Court of Justice in a case between Anne Frank Fonds and our clients, Anne Frank Stichting, KNAW and the Belgian association VOOHT. The case addresses the tension between the internet's global reach and its national treatment under copyright law. The central issue is whether the publication of a work on a website in a country where the work has fallen into the public domain constitutes a "communication to the public" – as defined in Article 3(1) of the Copyright Directive – in a country where copyrights are held if access to the website is restricted via state-of-the-art geo-blocking measures, given that users may circumvent these measures by using certain VPN or proxy services.

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.