Legal news

Reimbursement of training costs

It is well known by employers that promoting employee professional training is profitable to their business, by increasing competencies of course, but also to motivate employees. It represents an investment in the future of the business. The purpose of reimbursement of training costs is precisely to provide an employer compensation for the loss of the beneficial impact of training for which it would have paid when an employee who received the training leaves the company prior to the employer being able to profit from that investment. More concretely, the reimbursement of training costs corresponds to the provisions of an employment ...
September 28th, 2022| Legal news
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New CSSF outsourcing arrangement rules

On 22 April 2022, the CSSF published Circular CSSF 22/806 on Outsourcing arrangements. It concerns banks, FSPs as well as various other financial sector entities ("In-Scope Entities"). The complete Circular text (which is available only in English) at the following link: https://www.cssf.lu/wp-content/uploads/cssf22_806eng.pdf. These entities are required “to adopt robust internal governance arrangements, which shall include a clear organisational structure, adequate internal control mechanisms, including sound administrative and accounting procedures and practices allowing and promoting sound and effective risk management, as well as control and security mechanisms for their IT systems”. The Circular aims to complete this general framework of internal ...
July 22nd, 2022| Legal news
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Business head liability with respect to workplace accidents on construction sites

An employer is required to assure the health and safety of its employees in all aspects related to the employment (Article L.312-1 of the Labor Code). An employer is thus required to take all measures necessary for the protection of the health and safety of its employees, in particular the assessment of the risks for the health and safety of its workers and implementing, following that assessment, the taking of adequate preventive measures. In assuming the management of the business, an employer has the full power to organise the work and infrastructure of its business. In exchange, an employer is ...
July 15th, 2022| Legal news
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Drones are taking off in the construction sector – NeoMag 47

Today, drones are moving into the world of construction and more generally into that of the building trade. With this technology, it is henceforth possible to perform multiple tasks faster and more economically than before, including the mapping of zones to contemplate the positioning of buildings, impact studies on the surrounding environment, thermal mapping of existing buildings to  contemplate renovation works to be done in case of an acquisition, active surveillance of sensitive sites, securing of construction sites, marketing promotion, creation of video content, visualisation of the progress of a structure and of a construction site. This technology is also ...
June 7th, 2022| Legal news
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GDPR’s Birthday

Four years ago, the GDPR entered into force. Since then, national and European authorities have been working to comply with the Regulation. See their latest annual reports including their positions taken, recommendations made and sanctions imposed here: https://edpb.europa.eu/system/files/2022-05/edpb_annual_report_2021_en.pdf https://www.cnil.fr/sites/default/files/atoms/files/dossier_de_presse_cnil_bilan_2021_et_enjeux_2022_vf.pdf https://cnpd.public.lu/dam-assets/fr/publications/rapports/cnpd/rapport-annuel-%2B-annexes-2020-CNPD-BD.pdf Over the last 4 years, DSM Avocats à la Cour has been supporting its clients in their coming into, and remaining in, compliance in the face of the Regulation’s requirements and obligations by offering various types of bespoke services. Contact us to discuss your GDPR situation.
May 25th, 2022| Legal news
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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
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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
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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
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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
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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
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