Photo, Pascal Mallien

Pascal Mallien

Senior Counsel
Baker & McKenzie CVBA/SCRL

Biography

Pascal Mallien is a senior counsel in the Antwerp office and head of the Environmental Practice Group of the Belgian offices. His experience is broader than environmental law and also includes zoning, expropriation, public procurement, and construction law.

Practice Focus

Mr. Mallien focuses his practice on advice and litigation. He has developed extensive experience on the above matters through defending land owners, contractors, architects and action groups. Mr. Mallien assists and represents clients in matters involving permit issues for chemical plants, gas stations and wind farm projects as well as soil decontamination procedures for major industrial sites. The litigation knowhow includes criminal, administrative and civil procedures on the abovementioned matters and environmental/product liability. He is also regularly sought to advise on share deals with specific public law aspects.

Representative Legal Matters

  • Advised on construction matters for new buildings, including joint or divided liability between contractors, architects and civil engineers.
  • Advised on various Belgian PPP projects about applicable public procurement rules, including environmental and permitting aspects for the Belgian e-voting system, extension of tramways in Antwerp, the upcoming e-tolling project and different North-South connections.
  • Litigated before the Council of State during the stand-still period after granting of a public procurement.
  • Represented the Belgian Petroleum Union in a proceeding before the Constitutional Court, the EU Court of Justice and the Council of State against the federal legislation on blending of biofuels.
  • Advised on annulment procedures against expropriation decisions, including building permits.
  • Advised on due diligence in view of takeovers of gas stations on behalf of Lukoil, Octa and real estate portfolios.
  • Assisted Duracell in a matter involving soil contamination in one of the client's Belgian sites, with follow-up of a disclosure strategy.
  • Mediated an agreement between the Total group and the Flemish Region for not granting industrial grounds due to the requirement of compensation areas following the habitat and bird directive.
  • Advised and assisting on-shore and off-shore windmill parks.

Professional Associations and Memberships

  • Milieuforum - Founding member

  • Network for Industrially Contaminated Land in Europe - Member

  • Vlamex (formerly known as Vlaamse Milieudeskundigen) - Member

  • Genootschap Advocaten Publiekrecht - Member

  • The Nederlandstalig College Deskundigen Architecten van België (NCDAB) - Member

Admissions

  • Antwerp~Belgium (1984)
  • Leuven~Belgium (1982)

Education

  • Catholic University of Leuven (1982)

Languages

  • Dutch
  • English
  • French