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The EU Commission's proposal for a directive on corporate sustainability due diligence

Paving the way to a sustainable business community in the EU. On 23 February 2022, the European Commission (the EC) published the long-awaited proposal for a Directive on Corporate Sustainability Due Diligence (the...more

The European Parliament’s wish list on the Carbon Border Adjustment Mechanism (CBAM)

On 21 December 2021, the European Parliament’s (EP) Committee on the Environment, Public Health and Food Safety (the Committee) published its Draft Report on the proposal for a Regulation of the European Parliament and of the...more

Strategy for Financing the Transition to a Sustainable Economy published

The European Commission published its long-awaited Strategy for Financing the Transition to a Sustainable Economy (the Strategy) today. The Strategy was announced as part of the European Green Deal in 2019 (originally...more

Public procurement case law: false statements provided by relied upon third parties should not lead to automatic exclusion

The EU Directive of 26 February 2014 on public procurement (the Public Procurement Directive) allows for tenders to rely on the capacity of a third party to meet the selection criteria. ...more

Collusion in public procurement - A “notice” from the Commission

On 15 March 2021, the European Commission (the Commission) published its long-awaited “Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (the Notice). ...more

New Corporate Sustainability Disclosure Directive (CSRD) proposed

An EU-wide sustainability reporting standard has been proposed by the European Commission ahead of a possible new international reporting standard on sustainability. The EU proposals expand the scope of non-financial...more

Real estate transactions and public procurement: further guidance from the European Court of Justice

In its most recent case law, the European Court of Justice (CJEU) provides further guidance on the demarcation between real estate transactions and the application of public procurement legislation to contracts for works. ...more

EU Taxonomy Climate Technical Screening Criteria (TSC)

The EU Taxonomy Regulation has been in force since 2020, but a critical element of the Regulation – the Technical Screening Criteria (TSC) – has yet to be formally agreed. The European Commission’s announcement on 21 April...more

The People’s Climate Case Declared Inadmissible: Not All Climate Litigation Roads Lead To Rome

In the past years (and months), there has been a growing wave of climate change litigation cases, and the cases where plaintiffs have (successfully) invoked fundamental rights are increasing. In our previous two articles...more

EU Court confirms full procedural guarantees for all

To be forewarned is to be forearmed: public procurement procedures and remedies - judgement of the CJEU in CASE C-771/19 NAMA AND OTHERS V ARCHI EXETASIS...more

Public procurement – to be or not to be: what constitutes a body governed by public law under Directive 2014/24?

This e-Alert summarizes a recent judgment of the European Court of Justice regarding the scope of public procurement legislation, in particular concerning the notion of “bodies governed by public law” and how this could apply...more

Towards the “greenest” Batteries in the world?

Sustainable battery development and production is key to the EU’s clean energy and climate neutrality objectives, as they are expected to contribute to the uptake of electric vehicles. For this reason, the use of batteries is...more

Public Procurement - The European Court of Justice provides guidance on “self-cleaning” measures in its judgment

In its judgment of 14 January 2021 the European Court of Justice provides guidance on “self-cleaning measures”. The “self-cleaning” measures were introduced in the 2014 Directives on public procurement and allow economic...more

New EU rules on transboundary plastic waste shipments

As part of the EU Green Deal’s Circular Economy Action Plan and Plastics Strategy, new rules on the export, import and intra-EU shipment of plastic waste under the Waste Shipment Regulation (Regulation (EC) No 1013/2006)...more

1/11/2021  /  EU , Exports , Imports , OECD , Plastics , Waste Management

Looking ahead: What can 2021 bring for screening foreign direct investments in Belgium?

Belgium has not yet adopted a formal FDI screening mechanism to implement the EU FDI Regulation, but the debate on how to protect certain critical industries remains very relevant, as becomes clear upon assessing the 16...more

The European Commission’s Chemicals Strategy for Sustainability – Towards a Toxic-Free Environment

Nearly 20 years after the European Commission (the EC) set out its first strategic approach to the management of chemicals in the European Union1 (the EU), it adopted the new EU Chemicals Strategy for Sustainability – Towards...more

European Commission draft EU climate law key part of wider Green Deal.

On 4 March 2020, the European Commission (the Commission) published a draft EU climate law, along with inception impact assessments for an EU carbon border adjustment mechanism and revisions to the Energy Taxation Directive....more

Consultation on update of the Commission’s “Blue Guide” on EU product rules

The European Commission has invited stakeholders to comment on issues that should be included in the next update of the Blue Guide on the implementation of EU product rules (the Blue Guide). The invitation can be found here....more

1/15/2020  /  EU , EU Directive , European Commission

Achieving Justice And Human Rights In An Era Of Climate Disruption – New IBA Report

On 22 September 2014, the International Bar’s Association task force on Climate Change Justice and Human Rights released its new report Achieving Justice and Human Rights in an Era of Climate Disruption in the wake of the UN...more

9/30/2014  /  Climate Change , EU , Human Rights

Belgian Constitutional Court decides to annul provisions on administrative loop

Article 4.8.4 of the Flemish Urban Planning Code allowed the Council for Permit Disputes (Raad voor Vergunningsbetwistingen) (ie the Flemish administrative court competent to rule on appeals against urban planning permits) to...more

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