Legal news

AI in real estate: A promising future, crucial legal challenges

The real estate industry is going through transformation thanks to artificial intelligence (AI). This revolutionary technology offers opportunities to actors in the real estate and construction sectors, while at the same time posing legal challenges. Below is an overview of domains in which AI can be used: Energy Management: AI monitors and controls energy consumption in real time, by adjusting heating, air conditioning and lighting to reduce costs and minimize the carbon footprint. Predictive Maintenance: AI systems predict the maintenance needs and performance data of equipment, thus allowing proactive repairs to avoid costly breakdowns. Security and Surveillance: Cameras and sensors ...
November 9th, 2023| Legal news

Reform of Luxembourg’s non-profit (ASBL) regime: decoding the main amendments

On 28 June, Bill No. 6054 on non-profit organisations ("ASBLs") and foundations was voted into law. The law will enter into force in September and repeals the Law of 21 April 1928, as amended. The stated goal is to specify, adapt and simplify the existing provisions to lighten and modernize the legal framework as well as create more accounting transparency to guarantee better control. Several amendments are to be noted: First, the bill moves towards modernization of the governance rules. These are relaxed to take into account technical and technological developments. Convening notices to general meetings can henceforth be sent by ...
October 2nd, 2023| Legal news

Responses to parliamentary questions on completion guarantees

Since certain recent bankruptcies, off-plan sales (VEFA) legislation, supposedly protective of buyers, has shown its limitations. This is particularly true of guarantees of completion and reimbursement guarantees (garanties d’achèvement respectivement de remboursement), which should be returned to buyers, around which there are many questions and much uncertainty: what exactly does the guarantee cover? What are the guarantor’s obligations and what are the limitations thereof? These issues contribute to increasing potential buyers' mistrust of VEFA, adding to the difficulties caused by rising interest rates and energy prices in particular. While the Ministers of Justice, Housing and Finance have begun to provide ...
September 13th, 2023| Legal news

The law amending the Law of 2 September 2011 regulating access to the professions of artisan, merchant, manufacturer and certain liberal professions

On 20 July 2023, Bill 7989 amending the Law of 2 September 2011 regulating access to the professions of artisan, merchant, manufacturer and certain liberal professions, as amended (the "Law"), was adopted by the Chamber of Deputies. The new law was published in the Official Journal on 28 August 2023, with entry into force of the amendments on 1 September 2023. The aim of the new law is to improve, modernize and simplify the right of establishment in the Grand Duchy of Luxembourg, as well as the digitalization of the administrative procedures for that purpose. The main amendments are the ...
September 11th, 2023| Legal news

Adequacy decision for the transfer of data between the United States and the EU in force since 10 July 2023

As a reminder The transfer of data outside the European Economic Area may only be done in compliance with Chapiter 5 of the GDPR (for more information, consult our webinar on the topic). Following the invalidation of the Privacy Shield adequacy decision by the Court of Justice of the European Union on  16 July 2020 (see our article here), the transfer of personal data from European Union Member States to the United States was no longer possible pursuant to Article 45 of the GDPR. The invalidation has significant practical consequences because several decisions prohibiting transfers to the United States were ...
July 11th, 2023| Legal news

What legal status should solar panels have?

Solar energy allows the production of carbon-free electricity and contributes to the reduction of greenhouse gases, in particular CO2. Luxembourg encourages the installation of such panels by various forms of financial as well as technical assistance and support. Since the summer of 2020, a new attractive pricing structure has been in place. It is part of the Clever Solar campaign, the purpose of which is to promote solar energy. In parallel, a solar cadastre is easily accessible on the Geoportail.lu website to evaluate the solar potential of each building. The aim of this is the promotion of self-assisted purchases among ...
July 6th, 2023| Legal news

Comments on the response of the Housing Minister, the Finance Minister and the Justice Minister to parliamentary question No. 7963 on off-plan (VEFA) completion guarantees

The first question asked was whether the Ministers deemed that a completion guarantee (garantie d’achèvement) issued by an insurance company offered purchasers the same degree of protection as a guarantee issued by a bank. The Ministers quite rightly replied that the degree of protection offered depends above all on the content and terms intrinsic to the guarantee issued, and not essentially on the quality of the guarantor. Indeed, for an equivalent degree of solvency between the bank guarantor and the insurance guarantor, it is necessary to look at the text of said guarantees and the conditions set out therein to ...
June 12th, 2023| Legal news

The importance for professionals to satisfy their VEFA information and advisory obligations

The recent bankruptcy of real estate development companies has highlighted a series of complex but fundamental questions surrounding completion and/or reimbursement guarantees issued in the context of off-plan sales (ventes en l’état futur d’achèvement) ("VEFA"). Specifically, purchasers are confronted with the fact that the completion guarantee that the developer has issued to their benefit, when transformed into a reimbursement guarantee, generally only covers the value of the construction already completed, excluding the price of the land and any potential additional/complementary works ordered subsequent to the signature of the notarized deed and the issue of the guarantee. Similarly, undue payments made ...
June 6th, 2023| Legal news

VEFA: the limitations of the completion guarantee legislation by Vanessa LOMORO

Download the article in PDF format by clicking here When an economic sector is doing well, there are often few questions about the exact scope and limits of the protective norms surrounding it. When the trend is reversed and difficulties arise, the limitations of the legislation are usually revealed to their full extent. Following this natural trend, recent bankruptcies of real estate development companies have highlighted a series of complex but fundamental issues surrounding completion and/or repayment guarantees issued in connection with off-plan property sales (ventes en l’état futur d’achèvement or "VEFA"). I. VEFA and completion guarantee basics Article 1601-3 ...
May 10th, 2023| Legal news

The recent governmental proposals on amendments to the procedure governing direct taxation litigation in the Grand Duchy of Luxembourg

Article in PDF format by clicking here On 28 March 2023, the Finance Ministry sent Bill No. 8186, the provisions of which are aimed at amending and modernizing certain procedural aspects of direct taxation dispute resolution (the "Bill"). The following amendments merit being emphasized. 1) The complaint procedure before the Direct Tax Administration (Administration des Contributions Directes or "ACD") The Bill provides for a partial overhaul of the procedure for complaints against tax assessment notices (bulletins d’imposition) by amending the general taxation law (Loi générale des impôts "Abgabenordnung" or "AO"). The contents of the complaint are based on that for ...
May 3rd, 2023| Legal news

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