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CMS

ATRIUM, PARNASSUSWEG 737, 1077 DG AMSTERDAM, NETHERLANDS
Tel:
Work +31 20 301 6301
Email:
Web:
www.cms-dsb.com
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Netherlands

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

CMS

CMS’ practice is led by Roman Tarlavski, who is an expert in the TMT, automotive and hotels and leisure sectors. Reinout Slot, though also very active in life sciences and financial institutions M&A, advised Cott on the over $1.2bn sale of its non-alcoholic bottling business to Refresco Holding. Also worth noting are Mark Ziekman and energy experts Cecilia van der Weijden and Martika Jonk.

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Construction
Construction - ranked: tier 3

CMS

CMS’ team can ‘deliver at short notice’. ‘Pragmatic, solution-focused negotiator’ Arno Moret has ‘in-depth legal knowledge’; he heads the team jointly with Jeroen Berlage. Moret advised Purified Metal on the €85m construction of its new asbestos contamination treatment plant. The ‘outstanding’ Petra Heemskerk is widely recommended for procurement.

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EU and competition
EU and competition - ranked: tier 4

CMS

Clients note that the team at CMS has ‘proven to be reliable and responsive’. ‘Knowledgeable and experienced’ group head Edmon Oude Elferink acted for Dyckerhoff in a cartel investigation conducted by the ACM. The Brussels-based Robert Bosman assisted Cott with the Dutch and EU merger control issues arising from the approximately $1.3bn sale of its bottling business to Refresco Group. Other clients include Eli Lilly, Bayer and GSK.

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Employment
Employment - ranked: tier 4

CMS

Multi-jurisdictional matters feature strongly in the repertoire of CMS’ team, which frequently handles strategic work, including on behalf of works councils. Practice head Katja van Kranenburg-Hanspians acted for Accor on the employment aspects of the split of its Hotel Services and Hotel Invest activities worldwide. Of counsel Paulus van den Bos is the group’s pension expert.

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Insurance
Insurance - ranked: tier 4

CMS

Praised for its ‘very good understanding of cross-border matters’, especially concerning London-based insurers, CMS’ ‘top-class’ department is headed jointly by Leonard Böhmer and Bas Baks. The team acts for insurers, reinsurers and insurance brokers.

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Investment funds
Investment funds - ranked: tier 4

CMS

Reinout Slot leads the team at CMS, which often handles cross-border mandates. Slot acted for the manager of Investment Funds for Health in Africa (IFHA) on the closing of IFHA-II, entailing an increase in committed capital to $150m. The European Bank for Reconstruction and Development is another client.

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Private equity
Private equity - ranked: tier 6

CMS

Advent International, Karmijn Kapitaal and Aurelius are among CMS’ clients. Department head Roman Tarlavski acted for Oaktree Capital Management on its investment in Kadans, and assisted GR8 Investments with its purchase of Autogrill Nederland.

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Real estate
Real estate - ranked: tier 2

CMS

Especially strong in transactions and development, CMS’ ‘practical’ team handles all sorts of asset classes, including warehouses, hotels, student housing and offices. ‘Likeable, passionate, very knowledgeable’ department head Hein van der Meer acted for Bouwfonds on its €270m sale of Car Parking Fund (Lux). Arnout Scholten is ‘concise, forward-thinking and very accurate’.

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 2

CMS

The ‘always available’ Jan Willem Bouman heads the ‘decisive’ team at CMS, which handles ‘advanced, innovative’ multi-jurisdictional work. Marc van Zanten acted as Ardenberg’s bankruptcy trustee. Marcel Groenewegen is also recommended.

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Tax
Other recommended firms - ranked: tier 1

CMS

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Netherlands: Banking and finance

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

CMS

CMS’ well-regarded practice has experience in financing transactions across a broad range of sectors, including real estate, leisure and energy. It is headed by Eduard Scheenstra, who often acts for lenders, as well as for corporations in the hotel and leisure sectors.

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Netherlands: Dispute resolution

Commercial litigation
Other recommended firms - ranked: tier 1

CMS

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Mediation
Dispute resolution: Mediation - ranked: tier 1

CMS

Part of the firm’s wider litigation and insurance department, CMS’ group is led by Leonard Böhmer, who often acts for Dutch and international insurance companies, as well as financial institutions.

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Netherlands: Energy

Regulatory
Energy: Regulatory - ranked: tier 3

CMS

With ‘good industry knowledge’ and ‘a positive outlook’, CMS’ department provides ‘useful, to-the-point advice’. Group head Cecilia van der Weijden represented Delta and RWE in arbitration against Elsta and Dow Benelux regarding restructuring the contractual framework of the Elsta cogeneration plant. ‘Outstanding’ oil and gas expert Martika Jonk is ‘recommended without reservations’.

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Transactional
Energy: Transactional - ranked: tier 3

CMS

Cecilia van der Weijden leads the team at CMS; she assisted project company SunPort Delfzijl with a €40m financing from Landesbank Baden-Württemberg. Martika Jonk advised Premier Oil on the Dutch aspects of its $66m sale of Premier Oil Pakistan Holdings to Al Haj Energy.

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Netherlands: Industry focus

Food and beverages
Industry focus: Food and beverages - ranked: tier 2

CMS

CMS’ team is led by corporate expert Mark Ziekman, and is especially active in M&A, competition and IP matters. Reinout Slot acted for Cott on the approximately $1.2bn sale of its non-alcoholic beverage bottling activities to Refresco Holding, and counsel Rogier de Vrey represented Syngenta in anti-counterfeiting proceedings against ZeeNop. Albron is also a client.

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

CMS

CMS’ team is noted for its life sciences regulatory expertise, for which Ellen Gielen is the key contact; she co-heads the practice with patent litigator Willem Hoorneman. Clients include Amgen, Eli Lilly and Boston Scientific. Of counsel Gertie Lintjens is recommended for her industry knowledge.

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IT
Industry focus: IT - ranked: tier 4

CMS

CMS’ department is praised for its ‘contracting and negotiating skills’. Group head Hendrik Struik acted for Advanced Encryption Technologies (AET) on a deal with a public body regarding the use of AET’s technology in a national platform involving medical data. Associate Simon Sanders is also recommended.

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Retail
Industry focus: Retail - ranked: tier 3

CMS

Based across Amsterdam and Utrecht, CMS’ department is headed by corporate expert Mark Ziekman, who assisted Gunters en Meuser with its purchase by Grafton Holdings Netherlands. On the IP side, counsels Marcoline van der Dussen and Rogier de Vrey acted for Birkenstock in a copyright infringement case brought against Big Bazar.

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Netherlands: Intellectual property

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

CMS

CMS has ‘outstanding knowledge of, and experience in, a wide range of IP matters’. Managing partner Willem Hoorneman and counsel Rogier de Vrey, who has experience in trade mark issues, unfair competition and trade secrets, lead the group; de Vrey assisted Syngenta with anti-counterfeit proceedings.

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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 and Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, 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, Munich, 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

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

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

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich and Geneva

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
  • 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 “Commission”) 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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  • Employment of foreign workers in the Netherlands

    The employment of foreign workers in the Netherlands regularly raises questions. What issues do you need to be aware of as an employer? A brief summary of the most important areas of attention will be dealt with in this article.
    - AKD