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Jun 16, 2020Luxembourg Fiscal Unity Regime held Contrary to EU Law
In its judgment dated 14 May 2020, the European Court of Justice (hereinafter “ ECJ”) found the Luxembourg fiscal unity regime to be contrary to the freedom of establishment and the freedom to provide services. The Higher Administrative Court ( Cour administrative) initially submitted three
Jun 16, 2020Assessment of the AIFM Directive by the European Commission
On 10 June 2020, the European Commission published its report assessing the application and the scope of Directive 2011/61/EU of the European Parliament and of the Council on alternative investment fund managers (the “ AIFMD”). The European Commission assessed whether the specific rules of the AIFMD
Jun 15, 2020Update on Double Tax Treaties
Multilateral instrument ("MLI") The Luxembourg tax authorities recently confirmed, in a newsletter issued on 8 June 2020, their intention to publish coordinated versions of the currently enforceable double tax treaties, depicting the changes due to the Multilateral Instrument (hereafter “ MLI”) and
Jun 15, 2020Constitutional Court declares partners Non-Comparable to Married Couples
On 12th June 2020, the Luxembourg Constitutional Court handed down an anticipated decision regarding the regime on collective taxation of married couples and its alleged discrimination of persons registered as partners under the regime of the law of 9 July 2004. Indeed, article 3 (d) of the
Jun 15, 2020ESMA Briefing on the Supervision by NCAs of Costs applicable to UCITS and AIFS
Background On 4 June 2020, ESMA issued a supervisory briefing (the “ Briefing”) on the supervision by National Competent Authorities (“ NCAs”) of costs applicable to Undertakings for the Collective Investment in Transferable Securities (“ UCITS”) and Alternative Investment Funds (“ AIFs”). The
Jun 15, 2020EMIR | Updated ESMA Q&A
On 28 May 2020, ESMA published an updated version of the Questions & Answers (hereinafter the “ Q&A”) on the implementation of Regulation (EU) 648/2012 of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (hereinafter referred to as “ EMIR”). The updated Q&A added the new
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