Insights

The Netherlands urgently needs to do more to prevent the deterioration – whether existing or threatened – of Natura 2000 areas due to nitrogen deposition. This was recently confirmed by the District Court of The Hague in a lawsuit filed by Greenpeace against the Dutch state (in Dutch). Under the Habitats Directive, the Netherlands must: (i) establish conservation measures for these nature areas (Article 6(1)), and (ii) take appropriate steps to prevent natural habitats and the habitats of species from deteriorating (Article 6(2)).

The EU is taking action to counter the EU's single market's vulnerability to geopolitical developments. Although national security still falls within the decision-making of individual member states, the bloc has encouraged its member states to screen investments by third country investors for potential national security threats. In the Netherlands, for example, a general screening regime went live in June 2023, when the Vifo Act entered into force. This act covers investments in vital providers, sensitive technology and highly sensitive technology companies, and operators of business campuses (see our June 2023 article explaining the regime here). Likewise, almost all other EU member states have implemented screening regimes on foreign direct investments (FDI).

In December 2023, we published a status update on the Corporate Sustainability Reporting Directive (CSRD), and it is time for an update.

Axcel-backed Oral Care, a Sweden-based dental care service provider in Sweden, Norway and the Netherlands, has signed an agreement to acquire Dutch dental care provider De Tandartsengroep (DTG). The acquisition will significantly expand the group’s presence in the Netherlands and marks another step in Oral Care’s aspirations in becoming a leading dental care group in Northern Europe.

De Brauw has advised HEINEKEN in connection with its two-year programme to repurchase own shares for an aggregate amount of EUR 1.5 billion. Heineken Holding, HEINEKEN's majority shareholder, intends to participate pro rata to its shareholding.

De Brauw advised Unigel on its USD 860 million reorganisation. Due to the reorganisation, the Unigel Group's leverage reduced by approximately 50% and certain creditors acquired 50% of the equity interests in the Unigel Group.