Mariëtte Swart is the Chief Legal and Compliance Officer and the General Counsel at Adyen. Previously, she was a Senior Associate in the Corporate/M&A Practice of Hogan Lovells in Amsterdam with a profound experience of acting on a wide range of public and private mergers and acquisitions, joint ventures and equity capital market transactions in a variety of sectors. Mariette also regularly advises listed and private companies on matters of general corporate law and commercial law. Mariette is based in Amsterdam but spent some time working on secondment to the corporate legal department of APM Terminals B.V., the global terminal operator in the Hague.
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Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar’s request for interim measures following an alleged abuse of dominance by 10 pharmaceutical (...)
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Factual Background On 19 June 2007, Provincial Executive Noord-Holland approved a zoning plan drawn up by the Municipality of Heerhugowaard in which the development of a wind park to generate renewable energy was approved. The construction of this wind park required very substantial (...)
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Factual Background The Municipality of Maastricht entered into an agreement with Q-Park NV on 27 November 2002 by which Q-Park NV was granted the right to exploit a number of Car Parks for a period of thirty years. The Municipality of Maastricht and Q-Park NV entered into this agreement (...)
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Introduction On 30 September 2008, the Brussels Court of Appeal made a preliminary reference to the European Court of Justice (“ECJ”) relating to the compatibility of the Belgian procedural rules governing appeal cases with EC Regulation (EC) n° 1/2003 on the implementation of the rules on (...)
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Factual Background With effect from 1 July 2008, the Dutch Government introduced a new tax law levying a EUR 45 flight tax for all passengers on board flights departing from the Netherlands for destinations outside the European Union, and EUR 11.50 for destinations within the European Union. (...)
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Factual Background In 2001 the Minister of Transport and Water Management amended the decree pursuant to which the airport in Eelde was designated an airport. The amendments concern the length of the runway and the maximum noise pollution. As a result of the changes bigger airplanes were (...)
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Factual Background On 1 September 1994, the Dutch Act on Telecommunication Services (Wet op de Telecommunicatievoorzieningen) came into force, implementing Directive 87/372/EEC of 25 June 1987. On the basis of this Directive, all Member States agreed to allocate frequencies to (digital) (...)
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The Belgian Competition Council has fined Vebic Euro 29,121 for an infringement of Article 2 of the Belgian Competition Act, the Belgian equivalent of Article 81 EC. The association (whose members are producers and retailers of bakery products) was condemned by the Competition Council for (...)
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Factual Background In 1989, four electricity producers decided to collaborate on a demonstration project for coal gasification. The company incorporated to implement the project was named Demkolec and was a subsidiary of N.V. SEP (SEP), which was jointly owned by the collaborating (...)
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Factual Background In August 2004, it appeared that the former director of the Port of Rotterdam - owned by the Municipality of Rotterdam - had agreed to authorize a number of bank loan guarantees to a total amount of approximately EUR 100 million. The director of the Port of Rotterdam had (...)
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Factual Background In January 2003 the Minister of Economic Affairs granted four local public service broadcasting organisations (together named: "G4 Radio/FunX") a license to broadcast on the radio frequency bands 96.1 and 98.4 Mhz. Normally, broadcasting organisations obtain these licenses (...)
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Factual Background In April 2004, the Municipality of Amsterdam informed the European Commission of its intention to roll-out a telecommunications network in Amsterdam. For that purpose, a new legal entity was incorporated by the Municipality of Amsterdam. The project was subsequently (...)
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Factual Background In 2005, the complainant applied to the Minister of Justice for a licence to act as an intermediary in the marketing and distribution of lottery tickets in the Netherlands. This application was rejected by the Minister on the basis of the Dutch Act on Games of Chance (Wet (...)
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The Supreme Court rules that the provisions of Article 87 and 88 EC Treaty do not aim to protect private property. Therefore, in the event that a construction project - resulting in the expropriation of private property - is incompatible with article 87 and 88 EC Treaty it will not affect the (...)
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Factual Background Baby Dan A/S (Baby Dan) develops, produces and sells safety equipment for children from the age of 0-5 years. One of the products produced by Baby Dan is a safety stair gate under the name ’Danamic’. Baby Dan’s competitors, De Risse and WeDeKa, produce a similar stair gate (...)
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Factual Background On 16 December 2004, the Municipality of The Hague approved a zoning plan in which the development of a large housing complex for, inter alia, 300 student housing units was approved. The construction of this housing complex required very substantial investments from the (...)
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Factual Background X B.V. exploits a waste water treatment plant. In 1997, X B.V. was asked to pay retrospective taxes pursuant to the Act introducing taxes for the protection of the environment (Wet belastingen op milieugrondslag - ’Wbm’) over the period 1 January 1995 until 3 July 1995. (...)
