Latest Newsletters & Newsflashes
Apr 06, 2023Law of 29 March 2023 on moral harassment
On 14 March 2023, the Luxembourg Parliament ( Chambre des députés) adopted the long-awaited law aiming at introducing into the Labour Code a new chapter regarding the protection against moral harassment in the context of work relationships (the “ Law”). The Law will enter into force on 9 April 2023
Apr 04, 2023BSP Newsletter | April 2023
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Apr 03, 2023Update and modernisation of Luxembourg Funds’ Toolbox
On 27 March 2023, draft law No. 8183 (the “ Draft Law”) has been submitted to the Luxembourg Parliament ( Chambre de Députés). The Draft Law proposes to amend the following Luxembourg laws: the law of 15 June 2004 as amended, relating to the investment company in risk capital (SICAR) (the “ SICAR
Apr 03, 2023Draft law No. 8185 | Transfer of non-performing loans
On 24 March 2023, a draft law No. 8185 (the " Draft Law") has been submitted to the Luxembourg Parliament ( Chambre des Députés). The Draft Law aims to (i) transpose Directive (EU) 2021/2167 of 24 November 2021 on credit managers and credit purchasers, (ii) implement Regulation (EU) 2022/2036 of 19
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, 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
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