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In Jenec (Case C-81/24), the Court of Justice of the European Union (CJEU) held that a bank must first carry out an individual assessment of the money-laundering and terrorist-financing risk associated with the proposed relationship. An OFAC listing may justify enhanced scrutiny. It is not an automatic ground for refusal. The judgment matters to banks, […]

Anyone who is aware of a problem and conceals it cannot, in the event of a breach of warranties, hide behind the buyer’s duty to investigate. This is clear from a recent judgment by the Amsterdam District Court (ECLI:NL:RBAMS:2026:4722). What were the facts of this case? In 2021 and 2022, an investor provided loans to […]

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 […]