Legal news

Resorting to a right of replacement is not without risk

When construction works are blocked due to a contracting party’s failure to perform or refusal to remedy defects, is it possible, in the absence of specific contractual provisions, to have completed/resumed the works by a third party (or oneself) at the expense of the defaulting contracting party? 1) First, it is necessary to send the defaulting contracting party a formal demand letter (mise en demeure) by registered mail with acknowledgement of receipt, requesting that the party cure the failures within a set timeframe. The timeframe must be reasonable. Also, that contracting party should be informed that should it fail to ...
April 25th, 2022| Legal news

Article on the “La fiscalité des ventes d’immeubles à construire” by DI STEFANO and PHAM in the latest Revue Luxembourgeoise de Droit Immobilier

Mario DI STEFANO, Managing Partner – Avocat à la Cour, and Alex PHAM, Partner Tax - Avocat à la Cour wrote an article on “La fiscalité des ventes d'immeubles à construire” in #11 of the Luxembourg real estate law review, Revue Luxembourgeoise de Droit Immobilier, edited by Legitech.
April 20th, 2022| Legal news

Tax lawyers in 2022: advisors and defenders

One observation is manifest: the number of tax disputes continues to increase in Luxembourg.[1] It is in this context that we share with you below a diverse but non-exhaustive array of certain interesting jurisprudence. The taxation procedure in the context of a company demerge Until now, with respect to the demerger with the dissolution of capital companies, the position of the Direct Taxation Administration (Administration des Contributions Directes or "ACD"), as well as market practice, have been to declare a potential latent capital gain, discovered upon said demerger with respect to the split company and then to issue a taxation ...
March 31st, 2022| Legal news

Non-financial professions and the fight against money laundering and terrorism financing

The regulation on anti-money laundering and terrorism financing has not stopped developing over the last two decades, all while enlarging its scope of application to more and more professionals, active in financial as well as non-financial sectors. The range of non-financial professionals particularly broadened. Other than the liberal professions (lawyers, auditors, notaries, bailiffs, who are governed by specific ethical rules), many other professionals of very diverse categories are hence finding themselves subject to anti-money laundering and terrorism financing obligations (AML/TF), such as, among others, asset traders, the advisory and service provider professions in various sectors, or real estate professions. While ...
March 16th, 2022| Legal news

Public access to beneficial owner information: Validated by the Advocate General!

Transposing Article 30 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, as amended by Directive (EU) 2018/843 of 30 May 2018, the Law of 13 January 2019 (the “RBE Law”) established under Luxembourg law an ultimate beneficial owner register (the "RBE") and provides that all entities registered with the Luxembourg trade registry (Registre de Commerce et des Sociétés, Luxembourg) must identify their beneficial owners, thus rendering public a certain amount of their personal ...
March 15th, 2022| Legal news

Second Wave of Complaints against Cookie Banners for NOYB

NOYB has launched a second campaign against cookie banners not in compliance with the GDPR. There were 270 draft complaints that were sent to website managers, allowing them to improve the presentation of their banners. NOYB’s goal is to ensure that visitors to websites have the real ability to refuse the use of cookies, that the refusal be as simple as the acceptance, that they are sufficiently informed on the processing of their data, etc. If NOYB sees no improvement in the stated timeframe of 60 days, it will send those complaints to the national authorities for data protection. There ...
March 10th, 2022| Legal news

The new cultural heritage law: towards a paradigm shift? by Mario DI STEFANO and Quentin MARTIN

Table of Contents I. Introduction II. Archeological heritage III. Architectural heritage IV. Real estate heritage V. Intangible cultural heritage VI. Conclusion   Introduction On Thursday, 10 February 2022, after two and a half years of legislative procedures, the Parliament voted into law the new law on cultural heritage (the "Law"). According to its drafters, the Law pursues a three-fold objective: consolidate into a single text the provisions on "cultural heritage", a concept which combines archeological heritage, architectural heritage, real estate heritage and intangible cultural heritage; implement the provisions of international texts ratified by Luxembourg as well as several European cultural ...
February 17th, 2022| Legal news

Impact of the CJEU’s Schrems II ruling

Following the annulment of the Privacy Shield in the CJEU’s Schrems II ruling, the French personal data authority, the CNIL, gave notice on 10 February 2022 to a website manager to come into compliance with Articles 44 et seq. of the GDPR, if necessary by stopping its use of Google Analytics. The use of the Google Analytics tool leads to the transfer of personal data to the United States. The CNIL judged contrary to the GDPR and principles and obligations regarding the transfers outside the European Economic Area by the use of the Google Analytics tool because the appropriate guarantees ...
February 14th, 2022| Legal news

Bill No. 7961 amending the Law of 19 December 2002 on the Trade and Companies Register (RCS) as well as accounting and company annual accounts, amending the Law of 13 January 2019 establishing a Beneficial Owners Register (RBE)

Bill No. 7961 was sent to the Parliament on 27 January 2022. The goal of the amendment of the legislation currently in force is to strengthen the controls and quality of the information registered with the RCS and RBE. The bill contemplates establishing new modalities to (i) establish a more complete policy for following companies registered with the RCS; (ii) ensure compliance with RCS registration and filing; (iii) increase access to the for authorities; and (iv) improve the processing of the information registered with the RBE. The new legislation will allow increased verification of information registered with the RCS. The ...
February 8th, 2022| Legal news

New guide on the inclusion of transgender persons in the workplace with Vanessa LOMORO’s participation

Vanessa LOMORO, Counsel – Avocat à la Cour, participated in the drafting of a new French-language guide on the inclusion of transgender persons in the workplace. The guide was accomplished by IMS Luxembourg, supported by the Ministry of Family Affairs and Integration. It aims at presenting the foundational concepts of transidentity, the Luxembourg legal framework, stereotypes to deconstruct, as well as practical advice to implement in the workplace. Download the guide:
January 21st, 2022| Legal news

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