ESG and sustainability

Companies are increasingly faced with, and inspired by, ESG (environmental, social & governance) issues in the course of their activities. Moreover, challenges around corporate sustainability are increasingly coming to the fore. ESG and sustainability are not only societally particularly relevant but are also becoming essential from a legal point of view.

“ESG” refers to policies and reporting on a company’s environmental, social and governance risks and opportunities. “Corporate sustainability” is understood to mean engaging in profitable economic activities that meet the needs of the present, while not compromising the welfare of future generations. The duty to consider sustainability in companies, products and services was originally based on soft law initiatives (such as the Sustainable Development Goals (SDGs) and corporate social responsibility (CSR)). However, this duty is taken more and more seriously, so that a binding legal framework is increasingly emerging, elaborated by (European) legislators and applied by the various national regulators.

Eubelius closely monitors the most recent developments in ESG and sustainability, allowing us to guide you through the diverse and colorful ESG and sustainability landscape, which is constantly evolving.

Our teams are ready to guide you through your projects. We can advise you on ESG and sustainability throughout your activities, from real estate transactions, incorporation of ESG objectives into policy, stakeholder dialogue, sustainable financing, to corporate and director liability. For more information, please select a specific topic on the right.

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Your contacts in ESG and sustainability

Brussels

Jean-Marc Gollier

Senior Counsel
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Some of our references

Sustainable real estate

  • Assistance to various (real estate) funds in relation to their obligations on sustainability reporting pursuant to the Sustainable Finance Disclosure Regulation (SFDR)
  • Assistance to Belgian and foreign investors in relation to the renovation requirement for real estate transactions
  • Assistance to project developers in relation to sustainable projects, where a combination of sustainable energy infrastructure, environmental law etc. is required
  • Advice to public law entities in relation to the acquisition of an industrial site, with particular attention for renovation requirements and sustainable redevelopment
  • Assistance to the Public Flemish Waste Company (OVAM) in relation to the per- and polyfluoroalkyl substances (PFAS)-issue
  • Assistance to public and private partners with the redevelopment of brownfields
  • Assistance to producers and suppliers of sustainable energy in relation to the structuring and operation of sustainable energy infrastructure, such as wind turbines, solar panels and heat grids
  • Assistance in relation to the legal structuring of a project for the production of biofuel

ESG and sustainability reporting

  • Assistance to (reference shareholders of) financial institutions in relation to the scope of application of the (consolidated) reporting obligations under the Corporate Sustainability Reporting Directive (CSRD)
  • Assistance to various operators of critical infrastructure in relation to reporting obligations under the Corporate Sustainability Reporting Directive (CSRD) and the internal organization of reporting channels and responsibilities
  • Assistance to various (real estate) funds in relation to their obligations on sustainability reporting pursuant to the Sustainable Finance Disclosure Regulation (SFDR)

Sustainable financing

  • Assistance to Puratos in relation to a sustainable bond issuance for an amount of EUR 1 billion
  • Assistance to Warehouses De Pauw (member of the BEL 20 and the BEL® ESG index of Euronext Brussels) in relation to a syndicated green credit facility for an amount of EUR 440 million
  • Assistance to Aster, a joint venture between social housing companies, in relation to a sustainable project financing for an amount of EUR 105 million, for the installation of roughly 400,000 solar panels on social housing units in Flanders
  • Assistance to Warehouses De Pauw in relation to a sustainable bond issuance for an amount of EUR 500 million

Greenwashing and liability

  • Assistance to a distributor of fuels in relation to commercial communication and marketing concerning its eco-labels, in the context of assessing whether there were unlawful environmental claims or greenwashing practices, for the purpose of compliance with Book VI of the Economic Law Code.

Social sustainability 

  • Assistance with and drafting of codes of ethics and conduct, corporate policies on well-being, diversity, etc.
  • Assistance with and drafting of policies on internal reporting channels
  • Social audit of compliance with obligations as an employer
  • Social audit on the employment of external workers
  • Advice on social obligations as principal or (sub)contractor and social audit in the construction sector
  • Drafting of contracts with (sub)contractors containing specific clauses on social law obligations towards the workforce
  • Assistance in drafting of remuneration policies
  • Representation before courts and tribunals in disputes relating to equal treatment and non-discrimination, well-being and psychosocial aspects