On 1 July 2024, the Dutch government published a legislative proposal specifically aimed at ensuring national security in the defense sector, through the so-called Defense Resilience and Safety Related Sector Act (Wet weerbaarheid defensie en veiligheid gerelateerde industrie, the “Proposed Act”). Importantly, the Proposed Act – which needs to be seen in the broader context of current geopolitical tensions and Dutch and European policy priorities to safeguard strategic autonomy and prevent undue influence from undesired…
Judicial review of FDI enforcement is rare in the Netherlands. In one of the first matters brought before a Dutch court, the broad retro-active ‘call-in’ powers of the Dutch Minister of Economic Affairs and Climate (‘Minister’), as provided for in the Act on Security Screening of Investments, Mergers and Acquisitions (‘Vifo Act’ or ‘Act’), were scrutinised and the Minister’s enforcement actions were effectively curtailed. The ruling from the District Court of Rotterdam (‘Court’) on 25…