Latest Newsletters & Newsflashes
Mar 31, 2023GDPR | Clarification of the ECJ on the right of access of the data subjects
In a decision of 12 January 2023, the European Court of Justice (“ECJ”) clarified the scope of Article 15(1)(c) of Regulation (EU)2016/679 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 (“GDPR”). Legal
Mar 31, 2023The EU General Court overturns the decision of the EU Commission approving Romanian aid to Timișoara International Airport in favour of Wizzair (case t-522/20)
The EU General Court (the “Court”) annuls, through its ruling dated 8 February 2023, the decision of the EU Commission approving Romanian aid to Timișoara International Airport in favour of Wizz Air. Facts Timișoara International Airport is operated by Societatea Națională ‘Aeroportul Internaţional
Mar 31, 2023New circular of Luxembourg tax authorities | Clarification of rules applicable to prime participative regime
On 27 February 2023, the Luxembourg Direct Tax Administration (Administration des contributions directes) issued circular L.I.R. No. 115/12 (the “Circular”) aiming at clarifying the rules applicable to the prime participative. The Circular replaces the previous circular L.I.R. No. 115/12 dated 8
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Background While cultural leave was introduced in 1994 and then repealed in 2014, a draft law No. 7948 has been submitted to the Luxembourg Parliament (Chambre des Députés) on 13 January 2022, the purpose of which was to reintroduce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, 2023BSP Newsletter | April 2023
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Mar 31, 2023Immunity in 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’arrondissement”
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 of