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How ESG Rhetoric Crumbles in the Shadow of a Polluted River
In a striking illustration of the widening gap between corporate sustainability claims and environmental reality, a Dutch water authority has taken legal action against pollution caused by Nyrstar’s zinc plant in Pelt, Belgium. The dispute centers on discharges of toxic substances into the Dommel River. The pollution is so severe it is preventing the Dutch province of North Brabant from meeting EU water quality and public health standards. The question is not only why Flander
May 43 min read


Trafigura’s Playbook: From Nyrstar to Ghana
What occurred at Nyrstar is increasingly difficult to view as a one-off cycle of events. The sequence suggests a repeatable model rather than an isolated case. Developments surrounding a gold mining project in Ghana indicate that similar mechanisms may still be in use. This matters not only for interpreting the past, but also for current and future counterparties, including groups such as Korea Zinc, now acquiring parts of Nyrstar’s business. The Cuckoo Strategy: Enter, Weak
Apr 163 min read


Decision of the FSMA Sanctions Commission in the Nyrstar case challenged before the Market Court
The Market Court recently received a petition for the annulment and reform of the decision of the Sanctions Commission of financial watchdog FSMA in the Nyrstar case. The commission had found Nyrstar NV guilty of market manipulation. The company was fined €80,000, but its board members were acquitted. The commission ruled that there had been insufficient investigation into their individual roles in the manipulation. That ruling is now being challenged. The ball is therefore i
Nov 5, 20252 min read


Belgian regulator says Nyrstar misled market over liquidity before restructuring.
The FSMA Sanctions Commission did find misleading practices at Nyrstar and convicted it of market manipulation related to its liquidity position prior to the restructuring. The other allegations, despite having been thoroughly analyzed for four years by the FSMA Auditor, were dismissed two years later, after six years of proceedings, including five days of closed-door hearings, without even consulting the minority shareholders' union that had been working on the case for more
Oct 16, 20252 min read


Complex Governance Reduces Belgium’s Market Watchdog to a Wagging Puppy
“Together, we can make our societies open for business but closed for crime.” The words of Belgian Prime Minister Bart De Wever at the United Nations still resonate as I work my way through the 146-page decision of the FSMA Sanctions Committee on market manipulation at Nyrstar NV. The Committee’s mandate was clear: to determine the sanctions for four violations identified by the FSMA’s auditor after years of investigation. His exhaustive reports left little doubt that Nyrstar
Oct 14, 20255 min read


Good corporate governance is not a checkbox exercise.
In this short video, Bart De Smet, Chairman of the Corporate Governance Committee, reflects on the independence of board members and the...
Sep 16, 20252 min read


Nyrstar Deserves Resolve, Not Defeatism
Is Nyrstar’s board of directors truly caught between a rock and a hard place? That metaphor positions the board as a victim. In reality, it has uncritically aligned itself with the interests of its majority shareholder, Trafigura. In a recent interview with De Tijd, Marc Taeymans, an independent board member at Nyrstar, portrayed the company as a collatoral casuality in a dispute between Trafigura and minority shareholders. This portrayal is not only inaccurate—it is perilous
Aug 1, 20253 min read


Independent director or loyal spokesperson?
The financial newspaper De Tijd published an opinion by Kris Vansanten in which he argues that Nyrstar should finally act in line with...
Jul 31, 20252 min read


Board of Directors under fire at General Assembly Nyrstar NV : €5 million per year for an empty shell
Minority shareholders sound the alarm about poor governance, conflicts of interest, mismanagement, and excessive spending. Nyrstar NV, a...
Jun 25, 20255 min read


Nyrstar's board of directors is sinking further into its self-created quagmire.
Another unexpected twist in the Nyrstar case: Kris Peeters withdraws as candidate director. What could be going on? Kris Peeters - © Filip Naudts CC-BY-SA 4.0 Until recently, Mr. Peeters was a director at the European Investment Bank (EIB). Some research reveals that Article 6.1 of the EIB's Code of Conduct for the Board of Directors stipulates the following after the end of such a mandate: "Former Members of the Board of Directors have the duty to behave with integrity an
Jun 19, 20252 min read


A Sector Ban to Restore Trust in Corporate Governance
The integrity of corporate governance is under increasing scrutiny — and rightfully so. Belgium’s recent history has shown how vulnerable...
Jun 15, 20252 min read


The Nyrstar Case: A Textbook Principal-Agent Problem
The classic 'principal-agent problem' played a central role in the Nyrstar case. Kris Vansanten describes how board members and legal...
Apr 5, 20252 min read


Reflections around the hearing to strengthen Belgium's capital market
"The protection of minority shareholders and the strengthening of the Belgian capital market require well-founded analysis and policy....
Jan 28, 20251 min read


When Loyalty Clashes with Duty: Legal Battle Brews at Nyrstar
It appears that, as part of the restructuring of Nyrstar, the listed residual company Nyrstar NV was transformed into a shell company...
Sep 1, 20242 min read


Keep (or not) quiet, little one
When the grown-ups talk, the little ones must be silent. This was a familiar scene at many family tables for a long time. In the business...
Jul 23, 20245 min read


Politicians, it is now your turn to act!
After more than five years of struggle by a group of minority shareholders against Trafigura's takeover of Nyrstar, and with the facts...
Mar 28, 20241 min read


Ladies and gentlemen, politicians, the floor is now yours.
Following more than five years of minority shareholders fighting against the alleged fraudulent takeover of Nyrstar by Trafigura, and...
Mar 28, 20241 min read


Luc Tack must regain the trust of Tessenderlo investor
'The market seems to have completely lost confidence in Tack,' says Naard Broeckaert, a renowned asset manager. Why is that? Tessenderlo...
Mar 25, 20242 min read


Auditor Deloitte hedges its bets on conviction in Nyrstar case
Following a period of over four years during which we have been urging the former and current commissioners of Nyrstar to take...
Feb 13, 20242 min read


Two cases against Trafigura on suspicious payments
This year, Saint Nicholas once again generously distributed gifts to all the well-behaved children. The minority shareholders of Nyrstar,...
Dec 6, 20232 min read
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