Marloes Brans

Advocaat | Counsel

Contact

+31 20 605 69 18
+31 6 1496 9273

Practice Areas

Languages

Dutch
English
German

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Marloes specialises in environmental law and spatial planning law. She advises and litigates for the industry, project developers, investors and government bodies, and has extensive experience in liaising with the authorities (environmental permission authorities, the SZW inspectorate, and the Human Environment and Transport Inspectorate). Marloes is also regularly involved in due diligence and contract negotiations in M&A and transactions.

  • recommendation people shaking hands
    Clients enthusiastically outline her as "intelligent, posing the right questions, analytical and a top environmental lawyer."
    Chambers Europe, Public Law: Planning and Environment (2018 Edition)
  • recommendation people shaking hands
    Next generation lawyer
    Legal 500, Environment & planning (2018 Edition)
  • recommendation people shaking hands
    "Very pleasant, open-minded counsel Marloes Brans represented Tata Steel IJmuiden in at least two cases regarding its plants’ emission levels." 
     
    Legal 500, Environment & Planning (2017 Edition)
  • recommendation people shaking hands
    Next generation lawyer
     
    Legal 500, Environment & Planning (2017 Edition)

She regularly publishes on these topics, speaks at national and international conferences, and teaches lawyers and at universities. Marloes is the author of a preliminary report for the Dutch Construction Law Association entitled ‘Het gebiedsontwikkelingsplan, de nieuwe rekbaarheid in het milieurecht’ (‘The area development plan: new flexibility in environmental law’) and has several leading publications to her name on subjects such as the new Dutch Environment and Planning Act.

Marloes is Vice Chair EMEA of the Environmental Law Practice Group of Lex Mundi, a worldwide network of law firms which Houthoff is also a member of. Marloes is a board member of the Dutch Construction Lawyers Association, and a deputy judge in the administrative law section of the District Court of Central Netherlands.


QUALIFICATIONS & EXPERIENCE

  • LL.M. International and European Law (Radboud University Nijmegen)
  • LL.B. International and European Law (Radboud Universiteit Nijmegen)
  • Erasmus exchange (University of Bern, Switzerland)
  • Houthoff advised H2 Equity Partners on the sale of Reparenco, a Dutch paper and recycling business, to Smurfit Kappa Group plc for a cash consideration of approximately €460 million. Smurfit Kappa Group plc is one of the world's largest integrated manufacturers of paper-based packaging products with operations in Europe and the Americas.

  • Houthoff (co-counsel to Kirkland&Ellis and Dechert LLP, M&A, VDD) advised Wyndham Worldwide Corp on the sale of its European vacation rental business (Landal part) to private equity firm Platinum Equity for approximately USD1.3 billion. This matter is particularly significant/complex because of the multi cross border VDD exercise which Houthoff coordinated for the Landal part of the transaction with multiple park concepts and the very significant real estate component due to the large number of parks operated by Landal over the various jurisdiction (85 in total). We further advised on the competition aspects of various bidders and coordinate and advise on the Dutch works council advice procedure. The client is a NY stock exchange-listed American hospitality company.

  • Houthoff is the lead counsel to the private owner of the vast Dutch polder Duchess Hedwige (adjacent to the Belgian border in the southern part of the Province of Zeeland). Houthoff advises the owner and litigates against the Dutch Government regarding the planned project of the Dutch Government to submerge the privately-owned polder (more than 300 hectares of cultivated land) and turn it into estuarine nature. This submerging plan of the polder Hedwige is currently a major international political issue between both the Dutch and Belgian governments and the European Commission. Litigation against the State Zoning Plan Duchess Hedwige before the Dutch Council of State, as well as against the decision of the Dutch Government to expropriate 300 hectares of privately-owned land. An expropriation of this scale is unique in the Netherlands.
  • Advising and representing Tata Steel, one of Europe's largest steel plants, on their most important environmental permits and enforcement procedures.
  • Advising and representing PPG Industries in their environmental and safety compliance and permitting matters for all Dutch facility locations.
  • Advising and representing Organik Kimya, a chemical plant in the Rotterdam harbour area, regarding their environmental and safety issues.
  • Houthoff represents the public service provider in the mobility chain, RDW, in the zoning procedure relating to its 60 hectares test centre located next to Lelystad Airport, where it i.a. tests cars and tires for the Dutch market against strict international and national standards.
  • Advising the Ministry of Infrastructure & Environment on various key legislative initiatives, including the new Environment and Planning Act, innovative environmental and planning instruments and land readjustment law, experimenting with new legal instruments and striving for creative solutions in complex matters. As a member of various expert teams, Houthoff provides hands-on advice to the projects involved, which include large area developments, harbours and large infrastructural projects.
  • Houthoff assisted Alcogroup, Vanden Avenne Commodities and Vandema in the purchase of the bio-ethanol factory of Abengoa Bioenergy Netherlands in Rotterdam, which was declared bankrupt earlier this year due to financial problems of the Spanish parent company Abengoa S.A. The transaction is subject to permission being granted by the relevant competition authorities.
  • Houthoff assisted the sellers (among whom, H2 Equity Partners and ABN AMRO Participaties) in the sale of Evenementenhal to Artexis Easyfairs.
  • Houthoff advised Oerlemans Foods Nederland B.V./H2 on the sale of its frozen potato processing division to Lamb-Weston/Meijer V.O.F. through a sale of all shares in Oerlemans Foods Nederland B.V. to Lamb-Weston/Meijer V.O.F.