Pascal Mallien

Pascal Mallien

Senior Counsel
Baker McKenzie BV/SRL


Pascal Mallien is a senior counsel and leads the Environmental Law practice group in the Belgian offices. His experience is broader than environmental law; it also includes general compliance issues, construction law, renewable energy, zoning, and public procurement.

Practice Focus

Pascal's practice focuses on advice and litigation. He has developed extensive experience in these areas through defending landowners, contractors, architects and action groups.

Pascal assists and represents clients in matters involving permit issues for all kinds of industries, including chemical plants, gas stations and wind farm projects. He deals with many soil contamination issues and related procedures on behalf of major industrial sites. His litigation knowhow comprises criminal, administrative and civil procedures, as well as environmental/product liability. His practical knowledge is very useful in ad rem advices.

Representative Legal Matters

  • Advised on and litigated in construction matters for new buildings, which include joint or divided liability between contractors, architects and civil engineers.

  • Advised on various Belgian Public Private Partnerships about applicable public procurement rules, including the 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.

  • Acted on behalf of several clients before the Council of State during the standstill period after the granting of a public procurement, also in military commands.

  • Represented the Belgian Petroleum Union before the Council of State, the Constitutional Court and the EU Court of Justice in a proceeding against the federal legislation on the 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, following up with 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 Birds and Habitat Directives.

  • Advised and assisted onshore and offshore windmill parks.

  • Advised on easements, co-ownership and linked litigation (Interparking, Telenet).

  • Advised on different suspension procedures in public procurement matters before the council of state or the regularly preliminary rulings (Orange, Flowbird).

  • Assisted ArcelorMittal Belgium with the storage and transport of the upcoming steelanol product.

  • Assisted with the renewal of environmental permits in the Antwerp Harbour (TotalEnergies, Evonik, among others).

  • Assisted with civil and administrative compliance issues on noise, odour and small dust (CID Lines, Aluminium Duffel, among others).

Professional Associations and Memberships

  • Founding member, Milieuforum
  • Member, Network for Industrially Co-ordinated Sustainable Land Management in Europe
  • Member, Vlamex (formerly known as Vlaamse Milieudeskundigen)
  • Member, Genootschap Advocaten Publiekrecht
  • Member, Nederlandstalig College Deskundigen Architecten van België (NCDAB)
  • Member (Delegations in Poland), The Flanders Investment & Trade Agency in Katowice and Poznan in 2015
  • Co-founder, "Klimaatparlement," a network for climate-related sustainable start-ups
  • Co-founder, Nicole Foundation, invests in finding solutions for soil contamination in Latin America, Ukraine and other parts of the world
  • Board Member, Representative Organisation of Real Estate Surveyors Kavex, member of Tegova
  • Board Member, "KT-Scholengroep" in Hasselt, a group of elementary schools


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


  • Namur Law School (Law Degree)
  • KU Leuven (Law Degree, cum laude)
  • KU Leuven (Faculty of Psychology)


  • Dutch
  • English
  • French

Pascal has spoken at different lectures related to liability issues on disclosure, soil contamination, soft law and liability, and other environmental/health/safety/security matters (Kluwer Opleidingen, Nicole, ERM) and at in-house seminars (Siemens, Mobistar, Deme and Total). He was also a guest speaker in the European Environmental Law Forum in Wroclaw.

Pascal has also co-authored several publications on the Flemish Soil Decree, Landstewardship, and the liability of judicial surveyors, among others.

Firm Committee Memberships

  • Steering committee member, Energy Mining & Infrastructure group's Environment, Regulatory & Planning for EMEA