Background In a rare and exceptional case, the Dutch government has used old legislation, originally intended to deal with national emergencies and threats, to intervene in the affairs of a private Dutch semiconductor company under Chinese ownership. On 30 September 2025, the Dutch Minister of Economic Affairs invoked the Goods Availability Act (Wet beschikbaarheid goederen) to mitigate perceived risks to national security in relation to semiconductor manufacturer Nexperia. The ministerial order was driven by serious…
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…