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Baker & McKenzie European & Competition Law Practice

AVENUE LOUISE 149, EIGHTH FLOOR, 1050 BRUSSELS
Tel:
Work +32 2 639 36 11
Fax:
Fax +32 2 639 36 99
DX:
70 BAB
Web:
www.bakermckenzie.com
Zurich, Washington DC, Warsaw, Vienna, Valencia, Toronto , and 68 more

What we say about the firm's legal practice in Belgium

Aviation

Within Aviation, Baker & McKenzie is a second tier firm,

Clients state that Baker & McKenzie ‘are well regarded in Belgium for aviation related matters’. Dominique Lechien heads the practice that advised 3P Air Freighters Ltd, an SPV managed by Belgian investment house Petercam, on the acquisition of the Air Contractors group, active in the aircraft leasing and aviation consultancy business. It was also instructed by Brussels Airlines in connection with the leasing of an Airbus A319 aircraft from Aviation Capital.

Banking, finance and capital markets

Within Banking, finance and capital markets, Baker & McKenzie is a second tier firm,

‘Brilliant lawyer’ Antoine De Raeve at Baker & McKenzie lead the team acting as Belgian counsel to the Honeywell group in connection with a $2.5bn facility agreement arranged by Citigroup and JPMorgan. He is valued for his ‘personal touch with clients, which is very much appreciated by everybody who is involved in negotiations’. The practice advised domestic clients Fortis on a €45m bridge facility agreement for the financing of the acquisition by Studio100, part of EM.Sport Media’s entertainment division. Partner Dominique Lechien is a recommended member of the team that clients state will ‘work day and night if needed’, adding‘work is totally unaffected by tight schedules, even after a week of tough negotiations and without much sleep’.

Competition

Within Competition, Baker & McKenzie is a third tier firm,

Baker & McKenzie’s clients appreciate ‘constructive engagement and the anticipation of possible avenues’, and a ‘combination of solid legal advice, digesting multiple sources, delivered in a succinct submission’. Bill Batchelor ‘impresses with his level of knowledge of technical aspects’, and Kurt Haegeman demonstrates ‘strategic thinking’ that‘resolves issues with clarity’. Practice head, Fiona Carlin, represented Hungarian client MOL, in a hostile take-over bid, which involved cutting edge advice, in a $20bn deal. The practice’s work on the EC pharmaceutical sector inquiry for industry body EFPIA is notable, as is its presence in cartel litigation involving major oil companies.

Corporate and M&A

Within Corporate and M&A , Baker & McKenzie is a second tier firm,

Baker & McKenzie ‘delivers high quality work and has impressive industry knowledge’ and is able to ‘field a very strong multi-disciplinary team on very short notice’. Notable work by the practice includes its advice to Telenet on the acquisition of the cable TV business of Interkabel Vlaanderen. Koen Vanhaerents is ‘undoubtedly one of Belgium’s top corporate lawyers’ and recently advised Deutsche Lufthansa on its €250m acquisition of a stake in SN Airholding (including subsidiaries such as Brussels Airlines). Peter Leys is recommended for public M&A work. Team clients include Innogenetics and Real Software.

Dispute resolution

Within Dispute resolution, Baker & McKenzie is a second tier firm,

There is an emphasis on IP and IT disputes at Baker & McKenzie and clients assert that team consists of ‘professionals of the highest quality and standard’. It has represented Netlog, a world-wide leader of online social networking services, and Eurotyre, a European network of tyre service companies in alternative dispute resolution procedures before Cepina (the Belgian arbitration institute for the .be domain) and the arbitration institute of WIPO (for the .com and .fr domain). Koen De Winter in the Antwerp office is singled out for his ‘first-class reputation for litigation advice’ and described as ‘hard-working and reliable, always responsive and available, with a winning mentality’. Pierre Sculier is recommended for ‘very fine quality of work’.

EU regulatory Environment (including WEEE and RoHS)

Within EU regulatory Environment (including WEEE and RoHS), Baker & McKenzie is a first tier firm,

Baker & McKenzie continues to appeal against an EC decision on Poland’s carbon trading plan. Nina Niejhar was promoted to counsel. Clients say: ‘we were impressed by the level of their knowledge’ and praised a ‘vast knowledge of environmental policy, and Directives.’

Environment

Within Environment, Baker & McKenzie is a second tier firm,

Highlights for Baker & McKenzie and Antwerp based Pascal Mallien, include advice to Vopak on a new environmental and zoning permit for the terminal at the left bank of Antwerp’s harbour, and decontamination for the old plant on the right bank. Additional clients include silicone company Dow Corning. Brussels based Jean-François Vandenberghe is also recommended.

Information technology

Within Information technology, Baker & McKenzie is a second tier firm,

Baker & McKenzie advises on a range of IT and e-commerce matters. Instructions often involve multi-jurisdictional elements, playing to the team’s strong international presence. Clients of the practice include NEXXAR, a provider of financial and payment transferring and processing services, and a large manufacturer. Daniel Fesler is the name to note.

Intellectual property

Within Intellectual property, Baker & McKenzie is a second tier firm,

Described as ‘one of the best IP teams in Belgium’, Baker & McKenzie acted for watch manufacturer SEIKO in a trade mark claim against Marko, a discounter in food and non-food products. Clients state that Koen De Winter is ‘a first class commercial lawyers, who is hard-working and reliable’ adding, ‘he is surrounded by a team of professionals of the highest quality and standards’. ‘Client orientated’ Pierre Sculier is also recommended. The team defended Mobistar against a trade mark infringement claim by EDPnet, an independent internet service provider.

Labour and employment

Within Labour and employment, Baker & McKenzie is a third tier firm,

François Gabriel heads the team at Baker & McKenzie that was instructed to advise on the restructuring of the Belgian operations of the Wall Street Journal / Dow Jones. The team also advised on the employment aspects of Lufthansa’s investment in SN Brussels Airlines. The practice continues to benefit from the expertise of Jef Slootmans, a past president of the Brussels Bar.

Real estate

Within Real estate, Baker & McKenzie is a first tier firm,

Baker & McKenzie and partners Dominque Lechien and Rudy Dupont have ‘not only a deep knowledge in real estate (including planning) but also great business acumen, which gives them the ability to do proper risk estimations, before drafting the contract’. The team advised a German open-end fund in the acquisition of a property holding company, owning 24,000 square metres of office space in the valuable Avenue Louise quarter. It also acted for CB Richard Ellis, on the acquisition of a Banimmo Real Estate company. Clients value highly the team’s attitude. The ‘whole team is willing to walk the extra mile and always ready, even for the silliest questions’.

Tax

Within Tax, Baker & McKenzie is a first tier firm,

Clients appreciate the ‘international footprint and approach’ at Baker & McKenzie, which is ‘important and useful’. The team represented Pierre & Vacances in the acquisition of Sun Parks, carrying out detailed due diligence, advising on the tax structure of the acquisition, and post-closing restructuring, with a view to disposal of the real estate. Alain Huyghe’s involvement with EU litigation continues, seeking a ruling on the compatibility of EU law with Belgian rules on the deductions on dividends received, in case of a loss. The Antwerp Court of Appeals has requested a preliminary ruling from the ECJ.

What we say worldwide

Please choose another Baker & McKenzie office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

Australia

Offices in Sydney and Melbourne

Austria

Offices in Vienna

Azerbaijan

Offices in Baku

Belgium

Offices in Brussels, Antwerp, and Brussels

Bahrain

Offices in Manama

China

Offices in Beijing and Shanghai

Czech Republic

Offices in Prague

Germany

Offices in Berlin, Frankfurt, Dusseldorf, and Munich

Egypt

Offices in Cairo

Spain

Offices in Madrid and Barcelona

France

Offices in Paris

Ghana

Hong Kong

Offices in Hong Kong

Hungary

Offices in Budapest

Indonesia

Offices in Jakarta

India

Italy

Offices in Rome, Milan, and Bologna

Japan

Offices in Tokyo

Kuwait

Kazakhstan

Offices in Almaty

London

Offices in London and London

Libya

Malaysia

Offices in Kuala Lumpur

Netherlands

Offices in Amsterdam

UK Overview

Philippines

Offices in Makati

Poland

Offices in Warsaw

Qatar

Russia

Offices in Moscow and St Petersburg

Sweden

Offices in Stockholm

Singapore

Offices in Singapore

South Korea

Saudi Arabia

Offices in Riyadh

Switzerland

Offices in Zurich and Geneva

Taiwan

Offices in Taipei

Thailand

Offices in Bangkok

Ukraine

Offices in Kiev

US

Offices in Washington DC, Palo Alto, New York, Miami, Dallas, Chicago, San Diego, San Francisco, and Houston

Vietnam

Offices in Hanoi and Ho Chi Minh City

Search News and Articles

Legal Developments by:
Baker & McKenzie

  • Tax Reforms Towards the Creation of an International Financial Center in Russia

    In December 2009 the Russian Parliament adopted important changes further promoting the Russian holding companies regime. Starting from January 1, 2011 Russian holding companies will no longer be required to meet the present 500 million ruble threshold for investments made into companies qualifying as “strategic investments” to receive tax benefits.
    - Baker & McKenzie

Legal Developments in Belgium

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

  • ALTIUS reinforces Real Estate & Regulatory team with new Partner

    ALTIUS is proud to announce that Lieven Peeters joined the firm as a Partner on 15 February 2010. Lieven joins ALTIUS from Linklaters where he started his career 13 years ago. He will considerably strengthen ALTIUS’ Real Estate & Regulatory department and the firm’s overall position on the Belgian market.
    - ALTIUS (in cooperation with Tiberghien)

  • ALTIUS REINFORCES REAL ESTATE PRACTICE WITH NEW PARTNER

    A significant hire from an international firm positions Brussels based ALTIUS as one of the leading independent real estate practices in Belgium.
    - ALTIUS (in cooperation with Tiberghien)

  • Plant variety rights in the distribution chain

    Under the system of plant breeders rights, also known as plant variety rights, the breeder of a new variety can obtain an exclusive right to perform certain acts with respect to material [1] of his protected variety. This exclusive right comes in the form of a certificate which is granted by a body mandated to do so,[2] provided that the variety meets the grant criteria laid down in the law. Upon grant of the certificate, and sometimes ever even before, only the breeder of the protected variety[3] is entitled to (re)produce material from the variety, condition it for the purpose of propagation, offer it for sale, sell it or otherwise put it to market, export it, import it, or stock it for any of these purposes. Subject to a number of exceptions and unless authorization from the breeder is obtained, these acts are thus reserved for the breeder of the protected variety. They are referred to as the ‘reserved acts’.
    - ALTIUS (in cooperation with Tiberghien)

  • Le contentieux de la propriété intellectuelle, nouvelle mouture: un premier bilan

    La transposition en droit belge, courant 2007, de la Directive européenne 2004/48 sur la mise en œuvre des droits de propriété intellectuelle offrit l'occasion au législateur de revoir et d'harmoniser les procédures relatives au contentieux de la propriété intellectuelle. Deux ans après son entée en vigueur, il est possible de dresser un premier bilan de la réforme. Assurément positif.
    - ALTIUS (in cooperation with Tiberghien)

  • Social security agreement between India and Belgium

    On 1 September 2009, the long-anticipated Social Security Agreement between the Kingdom of Belgium and the Republic of India (the “SSA”) entered into force. The SSA was signed in New Delhi on 3 November 2006 and is considered as a landmark agreement as it was the first treaty of its kind to be signed by the Indian authorities. Therefore it is likely to serve as a benchmark for similar agreements between India and other countries.
    - ALTIUS (in cooperation with Tiberghien)

  • Five pitfalls to avoid in your Belgian contracting agreements

    In Belgium, contracting agreements are subject to the Belgian Civil Code (‘BCC’) plus several other regulations. In this article, we briefly discuss five rules which foreign investors or principals may be surprised apply to Belgian contracting agreements. Make sure you avoid these pitfalls!
    - ALTIUS (in cooperation with Tiberghien)

  • ECJ holds that a single award procedure is sufficient for IPPPs

    The Acoset judgment of the ECJ dated 15 October 2009 (C-196/08) was related to a dispute about an institutionalised public-private partnership (IPPP). A local authority wanted to grant a concession to a newly-created semi-public company, whose minority shareholder would be a private company selected by an open tender procedure. The minority shareholder would be responsible for the operations of the semi-public company.
    - ALTIUS (in cooperation with Tiberghien)

  • Belgian Procurement Law becomes more compliant

    On 23 April 2009, the ECJ held that Belgium did not properly transpose Procurement Directive 2004/18 into national law (case C-292/07). In fact, Belgium already has new procurement Acts (dating from 15 and 16 June 2006) but they have not entered into force, because the new Royal Decrees implementing these Acts have not been adopted. Therefore, Belgium decided to modify the old Royal Decrees (from 1996). This article will analyse two topics: the negotiated procedure and the procedure for handling abnormally low offers.
    - ALTIUS (in cooperation with Tiberghien)

  • The ECJ Sea Judgement: Some further guidance on the “in house” exemption

    In its Sea Judgement of 10 September 2009 (C-573/07), the European Court of Justice (ECJ) further clarifies its “in-house” jurisprudence. More specifically, it goes more deeply into the notion of control. Indeed, following the landmark judgement in the Teckal case, contracting authorities granting a public contract do not have to apply the public procurement rules if the contractor, which is a distinct legal entity, is subject to the same control by the contracting authority as the departments of the contracting authority and if the contractor carries out the essential part of its activities with the controlling local authority or authorities.
    - ALTIUS (in cooperation with Tiberghien)

  • When does a continuous fault become a serious cause justifying dismissal?

    The Belgian Supreme Court recently annulled a judgment of the Labour Law Court of Bergen because a judgment it had handed down denied the right of the employer (in this case: an administrator of a hospital) to determine himself when a continuous misconduct makes the professional cooperation immediately and definitively impossible – and consequently justifies a dismissal for serious cause.
    - Claeys & Engels, member of Ius Laboris
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