Public Law & Regulatory

Public and Regulatory law is viewed within NautaDutilh as essential to its advisory and litigation practice.

Read more about our insights in the NautaDutilh Public Law Blog (in Dutch).

All sectors of society are facing a growing body of regulations - both from the European Union and from the member states themselves. Regulatory activity is particularly intense in fields such as safety and security, market supervision, food safety, the environment and urban planning, public procurement and public-private partnerships. Our Public& Regulatory group advises national and international companies in the chemical, energy, food and pharmaceutical sectors, amongst others, and also frequently represents the interests of a broad spectrum of government agencies. We have experience litigating before all administrative courts in the Benelux.

In view of the significant impact of government regulation on all market sectors, we cooperate in an integrated manner with other practice groups such as M&A, Litigation, Real Estate and Competition. In addition, we form part of the Energy & Utilities industry group. Thanks to this integrated approach, relevant market knowledge is rapidly exchanged.

Experience:

  • In connection with the state's interest in the share capital of the Port of Rotterdam, we reviewed and analysed the port's public administrative position. We did the same for the takeover of KLM by Air France.
  • We are permanent administrative counsel to ExxonMobil and recently assisted it in connection with the state’s obligatory reclaim of unlawful state subsidies.
  • We provided input with respect to a preliminary draft for proposed legislation on tradable Co2 rights (included in the parliamentary papers), advised Delta and E.ON on this matter and also conducted relevant proceedings before the Administrative Division of the Council of State.
  • We advised and assisted various clients, including DSM, Royal Schelde Group and ExxonMobil, in legal proceedings concerning environmental law and urban planning.
  • Amsterdam Zuidelijke IJ-oever is one of the largest and most ambitious urban regeneration projects in the Netherlands. NautaDutilh advises the City of Amsterdam (Project Management Office) on all regulatory aspects of this project.
  • Zuidas (South Axis) Amsterdam is a €4 billion project for the development of Amsterdam's southern axis, involving the construction of new infrastructure and the development of approximately 2.6 million m2 of offices, shops and housing. NautaDutilh advises the City of Amsterdam on all legal aspects of the project.
  • Concerns about air traffic nuisances in the vicinity of airports In Belgium, activities of the national (Brussels-Zaventem) or local airports (Bierset and Charleroi) have given rise to proceedings before the Constitutional Court, the Council of State, and the Brussels Court of Appeal. We have advised and acted on behalf of the Brussels Capital Region to ensure that the constitutional principle of equality and the fundamental right to a healthy environment are respected.
  • Negotiating with and advising a major non-ferrous industrial company in Belgium on the implementation of a long-term agreement with the Flemish public authorities to remediate on- and off-site soil pollution. Advising on environmental issues in the context of the restructuring the group and handling appeals against environmental taxes.
  • Representing a major chemical company in criminal proceedings for alleged breach of employee health and safety procedures.
  • Liberalization of the energy market: advising and litigating with respect to admission to transit networks.
  • Advising and litigating with respect to environmental and urban planning issues for Belgium's largest energy supplier.
  • Litigation about air traffic noise nuisance regulation adopted by the Brussel Capital Region and challenged by aircraft companies.