News

EU-based companies exporting dual-use items will usually start their export-control assessment with EU law. In particular, they will consider whether Regulation (EU) 2021/821 requires an export authorization and whether the destination, end-user or intended end-use gives rise to additional restrictions. That EU-law assessment may not always be sufficient. Where a product, software, technology or production […]

A Russian or sanctioned party may seek damages, specific performance or a refund if a European company fails to deliver due to EU sanctions. Article 11 of EU Regulation 833/2014 may offer protection in such a situation. This ‘no-claims’ provision is intended to prevent a party from seeking, through the courts, to derive benefit from […]

A judge may be recused if there are facts or circumstances that could compromise their impartiality. This does not only apply to situations in which the judge is actually biased. Even the appearance of partiality may be sufficient. However, the bar is set high: the fear of bias must be objectively justified. What is recusal? […]

Anyone initiating an inquiry procedure with the Netherlands Enterprise Court must not only meet the statutory capital requirement at the time of filing; that shareholding must also still exist at the time of the oral hearing, as confirmed in a recent ruling by the Netherlands Enterprise Court. If your shareholding is diluted in the meantime, you risk your application […]

The Council of the European Union has now adopted its 20th sanctions package against Russia, continuing the EU’s steady shift from economic restrictions to more targeted tools aimed at anti-circumvention and legal protection for EU operators. As with earlier packages, the stated objective is twofold: to increase pressure on revenue critical and war supporting sectors, […]

A director of a private limited company or foundation may not take part in decision-making if he or she has a personal interest that conflicts with the interests of the company. That sounds straightforward, but in practice the question of when exactly such a conflict of interest arises, regularly gives rise to debate. This sometimes […]