The Grand Chamber of the European Court of Human Rights (“ECHR”) issued yesterday a highly anticipated ruling in the case Barbulescu / Romania (n°61496/08) regarding the monitoring of employees’ electronic communications within the workplace.
The case concerned Mr. Bogdan Barbulescu, a Romanian citizen, who was employed by a company as an engineer in charge of sales, from 2004 to 2007. Mr. Barbulescu had been using, within the framework of his job, a Yahoo Messenger email account to respond to clients’ queries.
On June 1st 2017, the Luxembourg Supreme Court (Cour de Cassation) decided on the possible applicability of the rules on non-contentious administrative proceedings (Procédure administrative non-contentieuse), as laid down in the law dated December 1st 1978 and its implementing Grand-Ducal Decree of June 8th 1979 (the “PANC Acts”), with respect to value added tax (“VAT”).
The Law of March 8th, 2017 (hereinafter: the “Law”) amending the law of August 29th, 2008 on freedom of movement and immigration, as amended, implements both Directive 2014/36/UE on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers
The “Global Legal Entity Identifier System” (GLEIS) is a unique identifier system for financial markets designed to create and apply a single universal standard identifier to any organization or firm involved in a financial transaction, which aim is to facilitate the management and control of risks and enhance transparency.
Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and Repealing Directive 2003/71/EC (the PR) will, pursuant to article 49 of the PR, enter into force on July 20th 2017 and be applicable as from July 21st 2019.
With the development of the European Union (“EU”) and its four freedoms (i.e. capital, goods, services, and labour) cross-border movements have become faster and easier. This development comes side-by-side with an increase in tax abuse and tax fraud. To tackle such fraud and abuse EU Member States have, in addition to the requirements laid down by the OECD in this area, improved exchange of information between Member States by introducing two directives, Council Directive 77/799/EEC which was superseded by Council Directive 2011/16/UE, (the “Relevant Directive”), which have since been implemented into Luxembourg law.
This newsletter is intended as a general discussion of the following topics: Banking & Finance, Capital Markets, Corporate, Investment Management and Tax.
If you would like to know more about the topics covered in this newsletter or our services please contact us.
On January 18th 2017, the Regulation (EU) No. 655/2014 of May 15th 2014 establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt recovery in civil and commercial matters entered into force (the “Regulation”).
After nearly four years of heated discussions, the European Parliament adopted on 14 April 2016 the new General Data Protection Regulation (GDPR). The GDPR will repeal and replace the current Data Protection Directive 95/46/EC and will have a significant impact on how businesses process their personal data.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC