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CMS

ATRIUM, PARNASSUSWEG 737, 1077 DG AMSTERDAM, NETHERLANDS
Tel:
Work +31 20 301 6301
Email:
Web:
www.cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 68 more

Netherlands

Banking and finance: Borrower side
Banking and finance: Borrower side - ranked: tier 3

CMS

The team at CMS¬†assisted Delin Capital Asset Management with its sale of a share and real estate portfolio valued at¬† ‚ā¨200m to Blackstone affiliates. Led by Eduard Scheenstra, the team is advising Oaktree Capital Management on its investment in Kadans, a property investor and developer. Senior associates¬†Jesler Hartman Kok¬†joined¬†Jan Joris van Kampen¬†from NautaDutilh¬†in¬†June 2017 and March 2018, respectively.

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Banking and finance: asset finance and structured finance
Banking and finance: asset finance and structured finance - ranked: tier 3

CMS

Eduard Scheenstra¬†leads CMS‚Äô practice, and is advising M√ľnchener Hypothekenbank on a ‚ā¨29m refinancing of an existing loan for telecom service provider KPN‚Äôs BGV IV fund. He also assisted investor Robus Capital with its complicated financial and pan-European corporate restructuring of Beate Uhse, the Frankfurt-listed retailer.

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Banking and finance: lender or arranger side
Banking and finance: lender or arranger side - ranked: tier 4

CMS

CMS is noted for handling financing matters in the real estate, leisure and energy sectors, among others. Eduard Scheenstra, who heads the firm's banking and finance practice in the Netherlands, advised GreenOak Europe Secured Lending Holdings on the financing of the acquisition by subsidiaries of Cromwell and York Capital Management of a Dutch real estate portfolio. Senior associate Jesler Hartman Kok and deputy civil law notary Jan Joris van Kampen were new arrivals from NautaDutilh and Van Doorne.

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Capital markets: equity
Capital markets: equity - ranked: tier 3

CMS

Reinout Slot heads the equity capital markets practice at CMS. His expertise includes advising on issuance of shares, bonds and other securities, public offers, acquisitions and sales of quoted and private companies in the Netherlands and abroad. In recent work, he acted for Cott Corporation on the secondary market equity sale of its bottling activities for non-alcoholic beverages to Refresco Holding for a purchase price of $1.25bn. Counsel Clair Wermers is also noted.

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Commercial, corporate and M&a
Commercial, corporate and M&a - ranked: tier 5

CMS

Led by Roman Tarlavski, the CMS group takes on the full range of M&A work and corporate governance matters in sectors including energy, life sciences, consumer products, financial services, and TMT. Its highlight work includes acting for a biotechnology company on a cross-border acquisition and assisting private equity houses on acquisitions and investments in the automotive, waste, and high tech industries. Mark Ziekman, who specialises in cross-border mergers, takeovers and joint ventures, and energy practice head Cecilia van der Weijden are noted practitioners.

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Construction
Construction - ranked: tier 3

CMS

The CMS team is led by Jeroen Berlage and Arno Moret, the latter is known for his arbitration and litigation skills and his work includes advising BAM on the construction, insurance, and health and safety issues in relation to the collapse of the newly built parking facility at Eindhoven Airport.

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Dispute resolution: Commercial litigation
Dispute resolution: Commercial litigation - ranked: tier 4

CMS

CMS’ commercial litigation team is led by Peter Soede. The team is defending a client in a dispute relating to certain government proposals concerning emissions restrictions. Petra Heemskerk and Leonard Böhmer are other key names.

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Dispute resolution: Mediation
Dispute resolution: Mediation - ranked: tier 1

CMS

CMS’ group is led by Leonard Böhmer and Peter Soede. Clients include Dutch and international insurance companies, as well as financial institutions.

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EU and competition
EU and competition - ranked: tier 4

CMS

At¬†CMS, the team ‚Äėhas a reassuring pragmatic and knowledgeable approach‚Äô. Group head Edmon Oude Elferink¬†and senior associate Annemieke Hazelhoff¬†acted for Oaktree Capital on the sale of Dental Clinics to Nordic Capital. Robert Bosman, who splits his time between Brussels and Amsterdam,¬†acted as co-counsel alongside Fieldfisher, to Japanese shipping firm Nippon Yusen Kabushiki Kaisha, following a fine of ‚ā¨141m imposed by the European Commission in February 2018 for cartel activity.

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Employment
Employment - ranked: tier 4

CMS

Aside from the quality of service, CMS is valued for its 'presence in many European countries'. Katja van Kranenburg heads the practice and senior associate Stephanie Dekker and counsel Barbara Veldmaat are also key contacts. The team offers the gamut of employment expertise and has a focus on the impact of new technologies on workplace relations. In highlight work, the team advised a global client, following a merger, on the implications of a reorganisation which included the social plan, notifications of mass dismissals, and pensions analysis.

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Energy: regulatory
Energy: regulatory - ranked: tier 3

CMS

Cecilia van der Weijden is a corporate finance expert who heads the CMS   energy practice. She advises on a broad range of projects especially in the renewables sectors together with regulatory regimes. Partner Martika Jonk  has a focus on the upstream oil and gas industry advising on corporate matters and related regulatory issues. Clients include British Wind Energy, BioMCN, and ENERCON.

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Energy: transactional
Energy: transactional - ranked: tier 3

CMS

Cecilia van der Weijden leads the team at CMS which is especially active on renewable energy mandates. The team is advising Partners Group on the acquisition of a 45% interest in a Dutch company that owns the project rights in the offshore wind farm Borssele III/IV.  Other clients include BioMCN, Orsted, and GE Renewable Energy.

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Industry focus: Information technology
Industry focus: Information technology - ranked: tier 4

CMS

CMS handles transactions and disputes in the IT space and can tap into a global network when it comes to cross-border matters. Following the retirement of Hendrik Struik in 2018, Simon Sanders now heads the IT and telecoms practice. His recent work includes representing Bits of Freedom, the digital rights organisation, which has raised objections to the regulator’s interpretation of zero rating. Other clients include Centric, COIN, and Accor Hotels.

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Industry focus: healthcare and life sciences
Industry focus: healthcare and life sciences - ranked: tier 2

CMS

The CMS team offers a broad range of expertise including regulatory, IP, and competition. Ellen Gielen, who has extensive experience of regulatory regimes, and managing partner and litigator Willem Hoorneman, co-head the group; of counsel Gertie Lintjens is also notable for her experience of the pharma and medical devices industries. The team advised Apologistics on the regulatory issues associated with the development of a new business model for its online international pharmacy business.

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Industry focus: retail
Industry focus: retail - ranked: tier 3

CMS

CMS advises on the tax and legal aspects of operating in the retail/consumer products sector. Corporate specialist Mark Ziekman has a focus on cross-border mergers, takeovers and joint ventures, especially in the insurance and consumer products industries, and is the chair of the firm's consumer products group. Rogier de Vrey heads the IP work and is acting for McCain in actions against Simplot which are part of a global infringement dispute including disputes over design validity.

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Insurance
Insurance - ranked: tier 3

CMS

CMS offers a broad range of expertise spanning D&O, personal injury, product liability, and reinsurance in conjunction with M&A assistance in the construction, healthcare, and aviation sectors. Leonard Böhmer, Bas Baks, and counsel Eva Schothorst are the key advisors. Recent work includes high-value liability and personal injury issues arising from a construction project and a pan-European case concerning a product recall in the consumer market.

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Intellectual property: trade marks, copyrights and design rights
Intellectual property: trade marks, copyrights and design rights - ranked: tier 4

CMS

The CMS team provides assistance on privacy, anti-competition, and data ownership issues. Department head Rogier de Vrey assists clients with transactional and contentious matters in relation to all types of IP assets; he also has expertise in breeder’s rights and crop protection issues. De Vrey advised McCain on design infringement cases against competitor Simplot as part of a global dispute. Willem Hoorneman and counsel Marcoline van der Dussen are also notable team members.

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Investment funds
Investment funds - ranked: tier 4

CMS

Reinout Slot is the key contact at CMS for investment funds work; he has expertise in structuring, fund formation and operation, and fundraising activities.

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Private equity
Private equity - ranked: tier 5

CMS

CMS‚Äô private equity deals expertise is integrated into its corporate and M&A practices. Department head Roman Tarlavski¬†acted for Merck Ventures on its ‚ā¨7.5 investment into a food science company.

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Real estate
Real estate - ranked: tier 2

CMS

Hein van der Meer and Arnout Scholten are the senior members of the CMS  practice which serves domestic and international clients including developers, investors, and real estate funds, which benefit from the CMS global network. The team also advises on the planning, leasing, and finance aspects of projects ranging from office, leisure, and residential property developments to green and brownfield developments and upgrades. The team is acting for project company COD and developer Het Dok on complex transactions with the aim of developing the Het Dok neighbourhood which will provide 449 homes and retail premises.

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 2

CMS

The CMS¬†group assists¬†national and international clients on corporate recoveries and insolvencies with a focus on turnarounds. The team is acting as silent administrator, court-appointed administrator,¬†and trustee in the bankruptcy of Portugal Telecom International Finance, a high profile, cross-border insolvency proceeding valued at¬†‚ā¨4bn. Jan Willem Bouman¬†and Marcel Groenewegen¬†are two of the senior partners and Marc van Zanten, who frequently acts as a court-appointed administrator, 'beams self-confidence and class'. van Zanten often works with the 'pleasant and knowledgeable' associate Wilmy Westerhof.

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Tax
Tax - ranked: tier 5

CMS

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Further information on CMS

Please choose from this list to view details of what we say about CMS in other jurisdictions.

United Arab Emirates

Offices in Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

London

Offices in London EC4N and London EC3A

Luxembourg

Offices in Luxembourg

Macedonia

Offices in Skopje

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

Singapore

Offices in Singapore, Singapore, and Singapore

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich, Geneva, and Geneva

Turkey

Offices in Istanbul and Elmadańü/ŇěiŇüli

Ukraine

Offices in Kiev and Kiev

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Serbia

Offices in Belgrade

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Dynamic Contracts: Changing employment practices in the digital era

    Digital platforms designed to deliver professional services are changing the European employment landscape as both employers  and workers look for more flexible ways to work.
  • New Late Payments Directive

    Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the ‚ÄúCommission‚ÄĚ) concluded in 2008 that late payments were still widespread in the EU. It also turned out that public authorities in certain Member States were stipulating unjustifiably long contractual payment periods for transactions.
  • Amendment of the Collective Redundancy Notification Act

    On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Outslug, "WACO") will be amended. What changes does this involve?
  • New Corporate Law Legislation

    In the field of corporate law, there are four (coming) Acts that attract attention, namely the introduction of the tenth book of the Dutch Civil Code, the amendment of the Marital Property Act and, to conclude, the coming entry into effect of the Management and Supervision Act and the Flexibilization of BV Act. Please find below a short explanation of each Act.
  • Shipping & Transport - Netherlands

    Attaching maritime assets in insolvency
    - AKD
  • The employment of foreign workers. What issues do you need to be aware of as an employer?

    The employment of foreign workers regularly raises questions. A brief summary of the most important areas of attention will be dealt with in this article.
    - AKD
  • Non-solicitation agreement violated via LinkedIn

    A non-solicitation agreement usually restricts the ability of an employee - after an employment contract has ended - to approach the clients of the former employer. The former employee of a software company recently discovered that the scope of such an agreement can also include contacts made via LinkedIn.
    - AKD
  • NETHERLANDS AS A GLOBAL FINANCE CENTRE

    Few jurisdictions can boast a foreign direct investment record like the Netherlands. As the world's seventh largest inward receiver of investments, housing approximately 9000 foreign-owned companies, the country's dynamic business environment provides an invaluable insight into macro investment trends.
    - AKD
  • Forming a company in the Netherlands

    The Netherlands and Dutch law The Netherlands is a perfect business location for foreign entrepreneurs (2,000 subsidiaries in Amsterdam, 140,000 jobs). It is the gateway to densely populated Western Europe and has a well-developed logistic and technical infrastructure.
  • Leasing of commercial premises in the Netherlands

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