Mariëtte Swart

Adyen (Amsterdam)
Chief Legal and Compliance Officer

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.


39992 Bulletin

Cédric Kaczmarek, Jacques Derenne, Mariëtte Swart The Belgian Competition Authority confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)


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 (...)

Mariëtte Swart The Dutch State Council rules that if the execution of a project does not depend upon the financial support of the public authorities, it does not constitute a form of State aid (Cassini)


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 (...)

Cédric Kaczmarek, Jacques Derenne, Mariëtte Swart A Belgian Court makes preliminary reference to the ECJ regarding compatibility of Belgian procedural rules with EC regulation 1/2003 (VEBIC)


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 (...)

Mariëtte Swart The Dutch Court of Appeal rules that an objective justification under the State aid rules does exist for tax measures that are of a purely technical nature (Ryanair / Maastricht Aachen Airport)


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. (...)

Mariëtte Swart The Dutch State Council considers the preferential treatment of a company, which exploits an airport by the construction of the enlargement of the airport, to be illegal State aid (Municipality of Haren)


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 (...)

Mariëtte Swart The Dutch District Court holds that the reimbursement of stranded costs qualified by the EU Commission as State Aid is included in the scope of an earlier positive Commission decision (Demkolec)


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 (...)

Mariëtte Swart A Dutch District Court considers that granting radio frequencies to a public radio broadcasting company for no consideration is not a form of unlawful State aid (Vereniging)


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 (...)

Mariëtte Swart The Dutch Court of Appeal allows a municipality to continue its investment in a local telecommunications network, despite the EU Commission having commenced an Art 88.2 EC procedure (UPC Nederland)


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 (...)

Mariëtte Swart The Dutch District Court rules that a licensing scheme inspired by consumer protection and crime prevention constitutes an objective justification under the existing State aid rules (Stichting Nationale Sporttotalisator / Lotto)


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 (...)

Mariëtte Swart The Dutch Supreme Court rules that the provisions of Art. 87 and 88 EC do not aim to protect private property, thus not affecting the validity of an expropriation order (Municipality of the Hague)


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 (...)

Mariëtte Swart The Dutch Court of Appeal finds that failure to notify a State aid measure to the EU Commission does not constitute a tortious act of the beneficiary of such aid (Baby Dan)


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 (...)

Mariëtte Swart The Dutch Council of State rules that the transfer of the building site to a housing corporation for no consideration may constitute a form of State aid that should have been notified to the European Commission (Het Vergeten Dorp)


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 (...)

Mariëtte Swart The Dutch Supreme Court finds that an applicant can not rely on the direct effect of Art. 88.3 EC as the contested taxes did not form an integral part of a State aid measure (X B.V.)


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. (...)


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