Latest Newsletters & Newsflashes
Mar 31, 2023New provisions on posting of employees
Draft law No. 7901, which was submitted to the Luxembourg Parliament ( Chambre des Députés) on 18 October 2021, was intended, on the one hand, to transpose Directive (EU) 2020/1057, which lays down specific rules on the posting of drivers in the road transport sector and, on the other hand, to adapt
Mar 31, 2023Introduction of cultural leave in Luxembourg law
Background While cultural leave was introduced in 1994 and then repealed in 2014, a draft law No. 7948 has been submitted to the Luxembourg Parliament ( Chambre des Députés) on 13 January 2022, the purpose of which was to reintroduce cultural leave into the legal system by providing it with a
Mar 31, 2023FAQ cross-border notification procedures
Background On 16 March 2023, the CSSF updated its Frequently Asked Questions (the “ FAQs”) in relation to the rules regarding cross-border distribution of collective investment undertakings (as introduced into the Luxembourg laws of 17 December 2010 (“ UCI Law”) and of 12 July 2013 (the “ AIFM Law”)
Mar 31, 2023Ongoing Luxembourg transposition of Directive (EU) 2021/2101 concerning the disclosure of income tax information
On 24 February 2023, draft law No. 8158 transposing Directive (EU) 2021/2101 of 24 November 2021 amending Directive 2013/31/EU as regards disclosure of income tax information by certain undertakings and branches (the “ Directive”) and amending: 1° the law of 10 August 1915 on commercial companies
Mar 31, 2023The immunity of financial collateral arrangements from collective proceedings
On 19 January 2023, the Luxembourg Court of Appeal provided an interesting clarification on the scope of the immunity of financial collateral arrangements provided for by the Law of 5 August 2005 (the " 2005 Law"). In this case, a pledgee had applied to the District Court (“ Tribunal d
Mar 31, 2023ECJ case C-555/21 | Consumer's right to early repayment under the MCD
The Austrian Supreme Court referred a question to the European Court of Justice (the “ ECJ”) for a preliminary ruling. The question concerned whether Article 25(1) of Directive 2014/17/EU of 4 February 2014 on credit agreements for consumers relating to residential immovable property (the " MCD")
Mar 31, 2023DLT | Significant developments at EU and national level
EU Regulation now applicable As of 23 March 2023, Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology (the “ DLT Pilot Regime Regulation”) is applicable (noting that certain provisions thereof were applicable from an earlier date). The DLT
Mar 31, 2023Update of ESMA Q&As | DLT Pilot Regime and Prospectus Regulation
Q&A regarding the DLT Pilot Regime On 3 February 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2022/858 of 30 May 2022 on a pilot regime for market infrastructures based on distributed ledger technology (" DLT") (the “ DLT Pilot Regime Q&A”) with the addition
Mar 31, 2023Prospectus regulation | Update of ESMA Q&A
On 3 February 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2017/1129 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 “
Mar 30, 2023Grand-Ducal regulation on the administrative dissolution procedure without liquidation
On the 6 February 2023, the Grand-Ducal regulation of 3 February 2023 amending the amended Grand-Ducal regulation of 23 January 2003 executing the amended law of 19 December 2002 on the trade and company register (the “ TCR”) and the accounting and annual accounts of companies (hereinafter the “ GDR
Mar 29, 2023Autonomy of investment fund compartments | Judgment No. 99/22
Background On 24 May 2022, the Court of Appeal (the “ Court ”) rendered judgment No. 99/22 (the “ Judgment”) relating to the autonomy of a compartment of an umbrella investment company with variable capital ( Société d’Investissement à Capital Variable) (the “ SICAV”) subject to the Law of 13
Mar 28, 2023What restrictions apply to the sublease speculation?
On 23 December 2022, the Luxembourg Constitutional Court (the “ Court”) delivered Judgment No. 176 (the " Judgment") to clarify its position on the issues on the right to engage in commercial real estate speculation through subletting. What happened in facts? On 1 June 2002, a company (the " Lessee"
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