Nicolas Croquet, PhD

Nicolas Croquet, PhD

Associate - Brussels
ncroquet@mckennalong.com
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2 Avenue de Tervueren
1040 Brussels
Belgium
TEL: 32.2.278.1292
FAX: 32.2.278.1200
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Experience

Nicolas Croquet advises on EU and international environmental law, EU and international trade law, EU and international investment law, product regulation and EU competition law. He also enjoys experience in domestic, EU and international litigation.

Nicolas Croquet has provided legal opinions on international environmental law (e.g. the Kyoto Protocol, the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters and the Stockholm Convention Protecting Human Health and the Environment from Persistent Organic Pollutants). He has also assisted a multinational client in its compliance strategy with the Emissions Trading Scheme Directive (ETS Directive) and with a German law implementing this Directive. He has advised on multiple aspects of the REACH Regulation (e.g. registration, evaluation, authorization and restriction, sanctions, the relation between the REACH Regulation and the RoHS Directive) and its implementation in the EU Member States (e.g. France and Belgium). He has drafted letters of access on behalf of multinational clients in relation to certain REACH registration procedures. He has recently provided comments regarding a draft Decision adopted by the European Chemicals Agency (ECHA) in a substance evaluation procedure. He has participated in an advocacy project aimed at conveying a particular interpretation of the EU Renewable Energy Directive to the EU Commission and its Member States. Nicolas Croquet has spoken at conferences and given visiting lectures on EU climate change law at the University of Oxford, Seoul National University, the Korea Legislation Research Institute, Cambridge University, Columbia Law School and the International Congress on Energy Security.   

In the area of EU product regulation, Nicolas Croquet’s practice has revolved around EU and domestic legislation governing chemicals, biocides, nanomaterials, cosmetics, food, waste, pharmaceuticals, human tissues, electronic products, textile products, and medical devices. He also enjoys substantial experience in product labeling and in setting product compliance schemes and manuals across the EU, its Member States and in third countries. He has assisted clients in product safety administrative inquiries with the national authorities. 

With regard to investment law, Nicolas Croquet has advised on the impact of trade sanctions adopted by the Council of the EU against the Islamic Republic of Iran upon the applicability of a bilateral investment treaty concluded by France with Iran. 

With respect to trade, Nicolas Croquet has advised on WTO law, EU’s external trade policy, EU trade agreements, EU export control law, EU anti-subsidy and anti-dumping law, and on free movement of goods. He has produced a position paper for a multinational client on the impact of the WTO Agreement on Technical Barriers to Trade (TBT Agreement) upon the adoption process by a WTO Member of a binding technical standard. He has also advised companies and trade associations on how best to challenge national environmental laws in light of the EU right to free movement of goods. Nicolas Croquet has spoken at an international conference at Seoul National University sponsored by the European External Action Service on the environmental and sustainable development provisions of the recent free trade agreement concluded by the EU and its Member States with the Republic of Korea. 

As regards his competition law practice, Nicolas Croquet has provided legal opinions on the EU antitrust rules applicable to consortia and to vertical distribution agreements. He has produced a legal opinion on comparative merger control law. He is currently co-representing a client in a cartel investigation opened by the European Commission.

As far as his litigation practice is concerned,  Nicolas Croquet has co-represented a multinational client before the Belgian environmental authorities with respect to a REACH compliance procedure, and advised on the administrative and criminal law aspects of REACH under national law.  He has also co-represented  two clients in appeal proceedings brought before the ECHA Board of Appeal against decisions delivered by ECHA in compliance check procedures. He has assisted two other lawyers in an ad hoc international arbitral case raising questions of international procedural law and of contract law. 

Prior to joining MLA, Nicolas was a Teaching Assistant in International Environmental Law at the Columbia University School of Law, New York  (January-May 2010), a Tutor in European Law at Oriel College, University of Oxford (October 2007-August 2009), and an Assistant Lecturer in Private Law at Brussels Free University (2001-2002 and 2004-2005). He was also an Associate Editor of the Oxford University Commonwealth Law Journal (October 2007-August 2008), and a Research Assistant in public international law, human rights and comparative law at the University of Oxford. He also worked for the UNICTR Appeals Chamber in The Hague (June-September 2006) and for the UNICTR Office of the Prosecutor in Arusha, Tanzania (September 2003-March 2004).

Education

Bar Admissions

Court Admissions

Publications:

Seminars and Presentations:

  • ‘Introduction to EU Climate Change and Energy Law’, Academy of European Law (Trier, 1 July 2013).
  • "The Import of International Customary Law into the EU Legal Order: The Adequacy of the Theory of Direct Effect" as part of the Cambridge University Centre for European Legal Studies Lunchtime Seminars (Cambridge, 28 November 2012).
  • “EU Climate change: a difficult relation with proportionality,” the University of Oxford EU Law Discussion Group (Oxford, 17 October 2012)
  • “The climate change regime under the EU-Korea Free Trade Agreement: a soft law framework ‘enclaved’ in a hard law instrument?” SNU and Leuven Center for Global Governance joint workshop on “EU-Korea Relations in a Changing World” (Seoul, 25 September 2012)
  • “Governing non-EU Member States’ insolvency proceedings in EU legislation: what constitutional implications for the Union?”, INSOL Europe (Leipzig, 14 September, 2012)
  • Co-Chair and Moderator: Climate Change and Renewable Energy, Energy Security Congress (Geneva, 5 April, 2012)
  • Guest speaker: EU Emissions Trading Scheme: International dilemmas posed by a regional cap-and-trade system, Columbia Law School (New York, 12 April 2012) 
  • Sustainable Growth in the EU: Analysis of the Union’s methods of economic, political and environmental governance in light of the 2020 targets” at the Korea Legislation Research Institute’s and Paul Cézanne Aix-Marseille III University’s joint conference on “Challenges and Opportunities for the Future: European and Korean Perspectives on Sustainable Growth and Smart Regulation” (Paris, 30 November 2011)
  • Presentation on the EU legal and policy framework for renewable energy at the Korea Legislation Research Institute’s International Expert Group Meeting: “Architecting Better Regulation to Overcome the Energy Crisis” (Seoul, 22 July 2011)