Stibbe advises FOD Economie

Stibbe advises FOD Economie

Stibbe advises FOD Economie

Representing the Belgian Ministry of Economy in a high-profile lawsuit against SABAM (the Belgian Society of Authors, Composers and Publishers) before the Brussels courts concerning the private collecting society’s compliance with the Belgian Copyright Act (BCA), and notably its claim of royalties against Internet Service Providers (ISPs).

The case has received a lot of media coverage in Belgium.

On 13 March 2015, the Brussels Court of First Instance agreed with why the Ministry of Economy initiated cease-and-desist proceedings against SABAM and held there is no legal ground for SABAM to seek such royalties from the ISPs. In fact, the ISPs’ activities do not constitute the notion of communication to the public in the sense of the BCA. This is the sixth (and last) decision that the Belgian courts rendered in this lawsuit.‎ In the meantime, SABAM has decided to appeal against this judgment.

Stibbe has assisted the Ministry of Economy in all six of its proceedings.

Team

Related experience

Experience - Stibbe is advising the Ministry of Economic Affairs and Climate Policy on a short-term bridging loan and guarantee facility provided to the leading Dutch maritime player Royal IHC and on the acquisition of Royal IHC.

Experience - Stibbe has represented Stichting Voorbereiding PALLAS-reactor in its appeal proceedings before the Administrative Jurisdiction Division of the Council of State (AJDCS) challenging the zoning plan that is required to realize a new nuclear reactor, the PALLAS-reactor.

Experience - Stibbe acts as transaction counsel to Floating PV NV, a vehicle set up by Sibelco, Groep Machiels and Luminus to build five hectares of floating solar panels at Sibelco’s Schansheide quarry in Dessel, Flemish Region, Belgium, integrating various innovative techniques such as solar tracking that allows the panels to rotate with the sun, an adjusting slope angle, double-sided panels and active cooling.

Experience - On 18 February 2020, the contract for the design, construction, finance and maintenance of the Dendermonde Prison project in Belgium has reached Financial Close successfully. The Belgian Buildings Agency (Regie der Gebouwen / Régie des Bâtiments) awarded BAM PPP b.v. the contract for the provision of a prison in Dendermonde, which will house 444 inmates.

Experience - Stibbe advises Invest-NL on its incorporation regarding public law aspects. The official launch of Invest-NL takes place today in Amsterdam in the presence of Minister of Finance Wopke Hoekstra and Minister of Economic Affairs and Climate Policy Eric Wiebes.