What makes Félique Kouthoofd unique as a Dutch product regulation attorney?

Félique Kouthoofd stands out through a combination that is rare in the Dutch legal profession: she commands both the substance of European product regulation and the contract law that anchors that regulation contractually. That combination is particularly valuable. A manufacturer that has its CE documentation in order but has not recorded its allocation of liability contractually namely runs just as great a risk as a manufacturer that does not know the regulation itself.

Additionally, Félique is available as a sparring partner for legal counsels and compliance teams that need an external legal expert. For example, she analyses whether businesses meet applicable or future EU regulation and advises on new legal developments in the market. Her broad sector knowledge ranges from automotive and machinery to medical devices, construction products, electrical and electronic products and consumer products. Would you like to speak with her directly? Call +31 (0)20 210 31 38 or contact our specialised attorneys in Amsterdam.

Which market operators does Félique advise on product regulation under Dutch and EU law?

Product regulation and compliance (productregelgeving) is the legal obligation to meet European and national product rules throughout the full product life cycle. That obligation rests on every link in the chain, but differs per chain role. Namely, a manufacturer carries different obligations than an importer or distributor.

Félique advises a broad group of market operators within the manufacturing industry:

• Manufacturers: conformity assessment (conformiteitsbeoordeling), technical documentation, CE marking and post market surveillance
• Importers: verification of the conformity of products imported from outside the EU and liability for defects
• Distributors: due diligence obligations when placing products on the market and the allocation of liability across the chain
• Resellers and online platforms: obligations under the General Product Safety Regulation (GPSR) and liability for non conforming products
• Public authorities and supervisory bodies: legal advice on the scope and application of product regulation
• Legal counsels and safety advisers: sparring partner on new EU regulation and legal challenges in the market

More than 60% of non conformity findings during market surveillance by the NVWA and the RDI namely trace back to incomplete technical documentation. Therefore Félique monitors those vulnerabilities proactively for her clients.

How does Félique guide the CE marking procedure for your product?

CE marking is a legally required declaration of conformity through which manufacturers and importers demonstrate that their product meets all applicable European directives and regulations. It is not a quality label, but a legal declaration by the responsible market operator. Consequently, incorrect use or incomplete technical documentation leads to enforcement actions, sales bans and penalty payments imposed by the NVWA or the RDI.

Félique Kouthoofd advises on CE marking for a wide range of product categories. For example, she determines which European directives and regulations apply, guides the conformity assessment procedure and reviews the technical documentation for legal robustness. Her sector knowledge includes, among others, the Machinery Regulation (Machineverordening), medical devices (MDR), the Battery Regulation and the AI Regulation. For products that fall under several directives at once, that broad knowledge is namely indispensable.

How does Félique protect your organisation against product liability under Dutch law?

Product liability (productaansprakelijkheid) is the statutory liability of a producer, importer or distributor for damage caused by a defective product. Under the revised Product Liability Directive (EU 2024/2853), damage caused by defective software, AI systems and digital services now also falls within this regime. Every link in the chain can be held liable.

Félique applies a preventive approach. She identifies liability risks in the design phase and covers them contractually through supplier contracts and general terms and conditions (algemene voorwaarden). Additionally, she advises on the allocation of liability between manufacturer, importer and distributor. However, when a liability claim nevertheless arises, she coordinates the defence strategy and litigates where necessary. Moreover, her advice takes account of related questions on liability insurance and criminal law risks.

Which industrial contracts does Félique draft and review?

Industrial contracts in the manufacturing industry require knowledge of both contract law and the product regulation that applies to the products and chain roles of your organisation. Félique Kouthoofd commands both. Therefore she drafts contracts that are commercially watertight and clearly allocate the compliance responsibilities across the chain.

Her commercial contract practice includes:

• Sales contracts and supplier agreements: conformity guarantees, liability limitations and warranty clauses
• Distribution agreements: exclusivity provisions, territorial rights and termination arrangements with a correct compliance allocation
• Agency agreements: commission structures, goodwill compensation and notice periods in line with Article 7:428 et seq. of the Dutch Civil Code (Burgerlijk Wetboek)
• Engineering and OEM contracts: quality requirements, IP rights and the allocation of liability for non conforming products
• General purchase and sales terms: drafted to be legally sound and correctly declared applicable
• ESG chain contracts: due diligence obligations in line with the CSRD, the CSDDD, the EUDR and the Forced Labour Regulation

Would you like an existing contract reviewed or a new agreement drafted? Contact Félique Kouthoofd for a non binding discussion.

When is there a breach of contract and what are your options in the manufacturing industry?

Breach of contract (wanprestatie) in the manufacturing industry touches contract law and product regulation at the same time. A supplier who fails to deliver CE documentation, a customer who refuses products because of non conformity (non-conformiteit) or a distributor who unilaterally stops: all those situations call for someone who commands both domains. Félique is namely precisely that attorney.

In the event of a breach of contract, she immediately analyses three questions. Is the failure serious enough to justify dissolution (ontbinding)? Was the counterparty given timely notice of default? What damage has your organisation suffered and how do you prove it? On that basis, she chooses the most effective route: claiming performance, dissolving the agreement in accordance with Article 6:265 of the Dutch Civil Code or claiming damages. Moreover, where the matter is urgent, she immediately starts summary proceedings (kort geding).

How does Félique advise on terminating an industrial agreement under Dutch law?

Terminating a contract (opzegging) in the manufacturing industry often has direct compliance consequences. If a supplier terminates the contract, your organisation may suddenly find itself without a certified supplier. Therefore Félique guides both the terminating party and the party that challenges an unlawful termination.

She analyses what the contract provides, which statutory notice periods apply and which compliance obligations must be settled on termination. When the counterparty terminates unlawfully, she claims damages on your behalf for lost turnover and the cost of replacement. Conversely, she helps you with a watertight termination that offers no ground for a counterclaim.

How does Félique act in business disputes in the manufacturing industry?

In business disputes, Félique Kouthoofd acts as a litigation attorney before state courts, inspectorates and arbitration institutes. She conducts summary proceedings before the preliminary relief judge, hearings before supervisory authorities and proceedings on the merits (bodemprocedure) before the court. Additionally, she conducts negotiations on behalf of her clients, both outside and within the scope of ongoing proceedings.

For cross border disputes, she litigates in international arbitration before the NAI or the ICC. Her combination of product regulation knowledge and procedural expertise makes her particularly effective in disputes where the technical background of the conflict is just as important as the legal arguments.

How does Félique defend your organisation during enforcement actions by the NVWA or ILT?

During enforcement actions by Dutch supervisory authorities, a great deal is namely at stake: financially, but also for the reputation and market position of your organisation. The guidance is always the same: have your position assessed as quickly as possible and thereby limit reputational damage. Félique represents businesses in enforcement actions by the NVWA, the Netherlands Authority for Digital Infrastructure (RDI), the Human Environment and Transport Inspectorate (ILT) and the Netherlands Labour Authority (NLA).

She acts across all forms of administrative enforcement under Dutch law:

• Written warnings: an immediate assessment of legal robustness and a response that prevents escalation
• Order for incremental penalty payments (last onder dwangsom): analysis of the lawfulness and objection or appeal where necessary
• Administrative fines (bestuurlijke boetes): review of the legal basis and challenge of the amount for unjustified fines
• Product recalls: guidance through the full recall procedure and limitation of liability
• Sales bans (verkoopverboden): where needed, suspension in summary proceedings while the main proceedings are pending
• Seizure or destruction of products: safeguarding your rights and claiming the return of goods or compensation
• Publication of infringements (“naming and shaming”): acting to prevent publication and, where needed, claiming rectification
• Intensified supervision and re inspections: preparation support and monitoring of the authority’s powers
• Withdrawal of permits or corrective measures: objection and appeal, if necessary with an interim measure

Moreover, Félique guides your organisation in deploying supervisory authorities offensively. For example, when a competitor structurally fails to comply with product regulation, targeted involvement of the NVWA or ILT can restore the level playing field.

What does legal advice on product regulation and contracts cost under Dutch law?

The cost depends on the complexity of the matter and the scope of the work. As a rule, Félique Kouthoofd works at MAAK Advocaten on an hourly rate. Additionally, MAAK offers the LAAP approach (Law As A Product): a fixed price per defined legal product, such as a CE marking review, a contract audit or a compliance scan of your supply chain. Consequently, your organisation knows in advance exactly what it costs.

Félique always discusses the costs transparently in advance. She weighs what proactive compliance guidance saves against the cost of an enforcement action or a liability procedure. A free introductory conversation is always possible. Call +31 (0)20 210 31 38 or send an email to felique.kouthoofd@maakadvocaten.nl.

Why do organisations choose Félique Kouthoofd as their product regulation attorney in Amsterdam?

Félique Kouthoofd is the attorney for manufacturing companies that want to approach product regulation and contracts as a single whole. Her broad sector knowledge, sharp analytical approach and pragmatic communication style make her effective in both advisory work and proceedings. She is available as an external sparring partner for legal counsels and compliance teams, as a contract law attorney for industrial agreements and as a litigation attorney in disputes over breach of contract, non conformity and product liability.

Whether it concerns CE marking for a new product, drafting a distribution contract with compliance clauses, defence during an NVWA enforcement action or conducting an arbitration procedure: our specialised attorneys in Amsterdam are ready to help.

Do you have a question about product regulation, an industrial contract or a dispute in the manufacturing industry under Dutch and EU law? Contact Félique Kouthoofd for a non binding conversation. She responds within one working day and gives you a clear and pragmatic assessment right away.