Gauthier van Thuyne

Gauthier van Thuyne

Partner

Gauthier is Head of Belgium Environmental and Public Law, and is member of the global Environment and Sanctions and heads the Belgian sustainability team.

Gauthier advises companies on planning and environmental law - with a particular focus on permits for industry and manufacturing, real estate and energy transition projects and technologies. He specialises in European Green Deal regulations and climate change (including EU ETS, CBAM, voluntary carbon markets) sustainability disclosures and reporting (including CSRD), business and human rights issues in supply chains (CSDDD, Deforestation Regulation, Batteries Regulation, Conflict Minerals) and greenwashing (advice and litigation) .

Gauthier advises on compliance with REACH and other EU chemical regulations, as well as with EU product regulations (including packaging and packaging waste, ELV, Batteries, WEEE and RoHS) and waste, contaminated land, hazardous substances and environmental compliance issues.

He also assists public authorities, companies, banks, public-funded entities and utilities on all types of public contracts, including public-private partnerships (PPPs), public procurement and large transactions, such as concessions (water distribution, waste management etc) and granting of limited rights (schaarse rechten like subsidies, licenses, operating rights, access to public contracts and property).

Gauthier has a deep understanding of the different procedures, approaches and strategies required to deal with complex environmental and public law issues, and has extensive litigation experience in these areas of law before the administrative, civil and criminal courts, as well as before the European courts.

Experience

Representative matters

  • A national airport operator on environmental and aircraft noise related matters, including in relation to its environmental permits and related litigation.
  • The Port of Zeebrugge, owned by MBZ, in connection with its landmark merger with the Port of Antwerp. The combination, which has been discussed for more than 10 years, brings together the first and second largest ports, not just in Belgium, but in Europe. 
  • Telenet on its joint venture with Fluvius for the creation of a network infrastructure company in Flanders. We also advised the client on the auction sale of its mobile tower infrastructure, which involves the ring-fencing of client's infrastructure asset followed by a (potential) sale to a third party – a never-before-been-done type of transaction in the Belgian market with significant regulatory implications.
  • The public waste agency, on the PFOS pollution case relating to a major contamination in Zwijndrecht (port of Antwerp) with so-called “forever chemicals”, and the related parliamentary investigations.

Published Work

  • van Thuyne, G. (2022). To waste or not to waste? Raad van State stelt de grens tussen grondverzet en opslag van afvalstoffen op scherpt, Tijdschrift voor Milieurecht, vol. 5, p.545.
  • van Thuyne, G., Goossens, F. (2022). What are the main statutes and regulations relating to the environment? Getting the Deal Through, Lexology.
  • van Thuyne, G., Goossens, F. (2022). In brief: GHG emission regulation and allowances in European Union, Lexology.
  • van Thuyne, G., Goossens, F. (2022). Q&A: climate and environmental regulation in European Union, Lexicology.
  • van Thuyne, G., Goossens, F. (2022). At a glance: enforcement of environmental law in European Union, Lexicology.
  • van Thuyne, G., Pirard, A., Neven L. (2022). Public Procurement & Government Contracts 2022, Chambers and Partners.
  • van Thuyne, G., Goossens, F. (2022). Comments in: Brussels aims to flip burden of proof for some pollution lawsuits, Politico.
  • van Thuyne, G., Pissierssens, V. (2021). The High Stakes of Transparency and Equal Treatment in (Beglian) Public Contracts: the (Un)Certain Faith of Contracts Awarded Without Competition, European Procurement & Public Private Partnership Law Review, vol. 16/ 3, p. 240 – 245.
  • van Thuyne, G., Goossens, F., Neven, L. (2021). Q&A: climate and environmental regulation in European Union, Lexicology.
  • van Thuyne, G., Goossens, F., Neven, L. (2021). At a glance: enforcement of environmental law in European Union, Lexicology.
  • van Thuyne, G., Goossens, F., Neven, L. (2021). Renewable energy and carbon capture in European Union, Lexicology.
  • van Thuyne, G., Goossens, F., Neven, L. (2021). In brief: GHG emission regulation and allowances in European Union, Lexicology.
  • van Thuyne, G., Leroy, C. (2021). Le devoir de vigilance et de responsabilité des entreprises à la sauce belge, Tijdschrift voor Belgisch Handelsrecht, p. 551-610.
  • van Thuyne, G. (2013). REACH – Best Practice Guide to Regulation (EC) No 1907/2006, C.H. Beck, “Downstream users” (together with F. Goossens), p. 363-378, “Authorisations and restrictions” (together with F. Goossens), p. 443-470, “Legal Actions and Appeals” (together with E. Mullier), p. 471-494

Speaking Engagements

  • Goodman training, “EU level sustainability / ESG Topics”, 27 March 2024
  • Greenwashing Update 2024 webinar, 20 March 2024
  • VOKA webinar: SOS Stikstof: analyse decreet en impact op vergunningen, 29 January 2024
  • COP28 Global client webinar, 13 December 2023
  • EcoDa on CS3D: The possible impacts on Directors' Duties, 27 October 2023
  • Guberna yearly listed company day, panel, 18 October 2023
  • Supply chain issues in the life science sector, 19 September 2023 
  • Decarbonisation Disputes, 26 June 2023
  • EcoDa’s workshop on the G dimension of ESG, 23 June 2023
  • Greenwashing update 2023 - Client Seminar Programme 2023, 31 January 2023
  • COP27 - key takeaways, client webinar, 23 November 2022
  • Webinar organised by ACC Europe’s ESG Working Group: Corporate Sustainability Reporting & Corporate Governance, 25 November 2022
  • IELN New York, 17 and 18 November 2022
  • Webinar on New EU Energy Regulation, 10 October 2022
  • SG and supply chain risk, 13 July 2022
  • EMEA virtual client panel session: road to net zero in the banking sector, 31 March 2022
  • Business and Human Rights – Regulatory webinar, 16 March 2022
  • COP26, Putting COP26 into context – Immediate and long-term implications, 18 November 2021
  • Webinar with ACC: Climate Change Litigation, 16 November 2021
  • Climate change disputes, 13 October 2021
  • Fit for 55: A deeper dive – session 3, RED, LULUCF, Forestry Strategy and Effort sharing, 29 September 2021
  • Fit for 55: A deeper dive – session 2, Aviation and maritime fuels, 23 September 2021
  • Fit for 55: A deeper dive – session 1, CBAM observations and links to ETS, 16 September 2021Strategy for Financing the Transition , 14 September 2021
  • Climate change disputes , 13 September 2021
  • Sustainability Conference, moderating the panel “Sustainable corporate governance and supply chains”, 28 April 2021
  • Webinar with collaboration of A4ID “Burundi Responsible Business”, 18 February 2021
  • Webinar Sustainability for Clients – session 3 – “Impact of sustainability on your internal organisation”, 8 January 2021
  • Sustainability Client webinar – Session 2: “Impact of sustainability on your transactions”, 26 November 2020
  • Sustainability Client webinar – Session 1: “Impact of Sustainability from C-Suite’s perspective”, 19 November 2020
  • Sustainability Client webinar – Session 1: “Impact of Sustainability from C-Suite’s perspective”, 17 November 2020
  • Webinar European Green Deal, 16 September 2020
  • Webinar: European Green Deal – changes to look out for and impact of Covid-19 on timeline, 24 September 2020
  • Webinar BHR, 29 July 2020 Responsible Business Training for Commercial Lawyers and In-House Counsel in Uganda, 23 July

Leadership Positions And Professional Affiliations

  • Forum Milieuadvocaten
  • Belgische Vereniging voor Milieurecht

Recognition

Gauthier is very practical." Band 1 lawyer
Chambers Europe 2024 - Regulatory: Environment - Europe-wide
Gauthier van Thuyne is a brilliant lawyer." Band 1 lawyer
Chambers Europe 2024 - Planning & environment

Qualifications

Admissions

Stagiair, Belgium, 1994

Admitted as advocaat, Belgium, 1999

Registered Foreign Lawyer, England and Wales, 2021

Academic

Law Degree, Universiteit Gent (RUG), 1992

Postgraduate, Business Law, Université Libre de Bruxelles, 1994

Languages

Dutch, English, French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.