Lode Van Den Hende

Partner, EU/competition

Brussels

e: lode.vandenhende@herbertsmith.com
t: +32 2 518 1831

Lode Van Den Hende

Lode is an EU and WTO law specialist. He has unique experience in arguing some of the most high profile WTO and international trade related cases before the European Courts and in the WTO. He was among the very first private lawyers who were allowed to appear in a WTO dispute settlement hearing. Lode also has considerable expertise in EU regulatory matters and state aid in particular.

Credentials
  • a coalition of Internet gambling interests on a complaint pursuant to the EU's Trade Barriers Regulation regarding violations of WTO law by the United States (in the form of discriminatory enforcement of criminal law)
  • a G8 government on WTO disputes concerning subsidies and trade in services
  • the government of Antigua and Barbuda in its successful WTO action against the United States' ban on cross-border gambling and betting services. This was the first ever WTO dispute on an ecommerce issue and one of the first disputes under the General Agreement on Trade in Services (GATS). It raised crucial questions about the treatment of internet commerce in the WTO and the impact of GATS on domestic regulation at federal and state level in the United States
  • BSkyB on the application of the WTO's Information Technology Agreement in the EU and related customs classification issues
  • the British Aggregates Association in parallel proceedings in the UK and EU courts challenging a UK environmental tax (the Aggregates Levy) on grounds of EU state aid law
  • a number of energy companies on the application of EU state aid law to energy projects such as the construction of new nuclear generation capacity and oil and gas pipelines
  • major companies such as Chevron Texaco and Taiwan Semiconductor Manufacturing Company on export control issues

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