Report measures sustainability obligation by 1 December 2023!
By 1 December 2023, companies must report on the measures they have taken to make energy use more sustainable. Does this apply to your business? What exactly are the obligations? What happens if you don’t report (on time)? In this blog, we provide the answers. Which companies? Companies using more than 50,000 kWh of electricity […]
Abnormally low tender: change in case law?
Dutch courts are generally reluctant to vindicate bidders who believe that a competitor’s bid is abnormally low. Recently, the Court of Justice of the European Union (‘the Court’) issued a ruling that may change this. This contribution discusses that ruling and provides practical tips. Procurement of IT services: the case study European Commission announces tender […]
Pretty tricky this division of powers in the Private Law Obstacles Act.
It will happen to you: as a landowner, you are required by the Minister of Infrastructure and Water Management to allow work to be carried out on your land for the construction of, say, a high-voltage connection or an electricity network. Or worse, you are forced to allow a wind turbine, a high-voltage pylon or […]
Questions on Council of State ruling on nitrogen model
The Council of State’s April 5, 2023 ruling on the ViA15 case was eagerly awaited. An important part of the case is the mathematical model used for nitrogen calculations. This model, AERIUS Calculator, was modified following an earlier ruling by the Council of State in the same case. Until that ruling(Jan. 20, 2021), nitrogen precipitation […]
Legalization of PAS reporters imminent
The Netherlands was in an uproar when the Council of State ruled on May 29, 2019, that the Program Approach to Nitrogen (PAS) violated European law. The PAS provided that activities leading to a limited increase in nitrogen deposition in areas where the critical deposition value (KDW) was exceeded could be carried out without a […]
Governments should provide equal opportunities in land allocation
Equal opportunity When a public body sells immovable property (such as land) where no tendering obligation applies, a mandatory, public selection procedure will henceforth apply. The Supreme Court made this ruling on 26 November 2021 in the Didam judgment. The judgment constitutes an important ruling on the principle of equality that a public body must […]
Contracting authority must now give all documents to judge
Litigating against the outcome of a tender becomes easier: contracting authorities will now have to give all tender documents, including competitors’ bids, to the court. Losing in a tender is never fun. A tender is often well prepared and involves a lot of time and calculations. The outcome is even harder to digest when, as […]
Nature permit farmers can’t just revoke
In the nitrogen crisis it is still unclear what the nitrogen emissions of various sectors, such as industry, are. As long as this is not clear, nature permits granted to farmers for nitrogen emissions should not be revoked just like that. The current nitrogen problem is the result of commitments made by the Netherlands at […]
Pigs in Distress ruling: important milestone
The Pigs in Distress ruling by the European Court of Justice (CJEU Jan. 14, 2021, ECLI:EU:C:2021:7) has opened the door to wider participation in proceedings where the environment and the surrounding area are at stake. This new line is rapidly leading to new rulings that further expand access to justice. For example, those who have […]
Europeanization and legal protection
By the VAR Association for Administrative Law more than four years ago, a committee was established to describe the (expected) influence of the general administrative law rules and principles being developed at the European Union level on the theory and practice of Dutch general administrative law. This Committee on Europeanization of General Administrative Law was […]
