Latest Newsletters & Newsflashes
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
Mar 31, 2023Prospectus regulation | Update of ESMA Q&A
On 3 February 2023, ESMA updated its questions and answers on the implementation of Regulation (EU) 2017/1129 of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC ( the “
Mar 30, 2023Grand-Ducal regulation on the administrative dissolution procedure without liquidation
On the 6 February 2023, the Grand-Ducal regulation of 3 February 2023 amending the amended Grand-Ducal regulation of 23 January 2003 executing the amended law of 19 December 2002 on the trade and company register (the “ TCR”) and the accounting and annual accounts of companies (hereinafter the “ GDR
Mar 29, 2023Autonomy of investment fund compartments | Judgment No. 99/22
Background On 24 May 2022, the Court of Appeal (the “ Court ”) rendered judgment No. 99/22 (the “ Judgment”) relating to the autonomy of a compartment of an umbrella investment company with variable capital ( Société d’Investissement à Capital Variable) (the “ SICAV”) subject to the Law of 13
Mar 28, 2023What restrictions apply to the sublease speculation?
On 23 December 2022, the Luxembourg Constitutional Court (the “ Court”) delivered Judgment No. 176 (the " Judgment") to clarify its position on the issues on the right to engage in commercial real estate speculation through subletting. What happened in facts? On 1 June 2002, a company (the " Lessee"
Mar 27, 2023Entry into force of the amended Luxembourg competition law
Strengthening the Luxembourg competition authority The law of 30 November 2022 on competition, as amended by the law of 17 March 2023 (the “ Law”), transposes Directive 2019/1 of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure
Mar 24, 2023SFDR data collection for Luxembourg investment funds
On 24 March 2023, the CSSF followed up on a press release published on 27 July 2022 announcing their intention to launch a data collection exercise related to Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector (the “ SFDR”) and Regulation (EU) 2020/852
Mar 24, 2023Circular CSSF 23/829 | Liquidity requirement exemption
On 19 January 2023, the CSSF issued circular 23/829 (the " Circular") on the application of the guidelines on the criteria for the exemption of investment firms from liquidity requirements in accordance with Article 43(4) of Regulation (EU) 2019/2033 (the “ Investment Firms Regulation”). The
Mar 24, 2023Newsflash | The Law of 22 June 2022 on the management and recovery of seized or confiscated assets: what are the consequences for the professionals?
The Law of 22 June 2022 on the management and recovery of seized or confiscated assets (the " Law of 2022"), which entered into force on 5 July 2022, aims at completing the transposition of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and
Mar 23, 2023Law on distributed ledger technology | Adopted
On 20 March 2022, the Luxembourg law (draft law No. 8055) on distributed ledger technology (the " DLT Law") amending (i) the law of 5 April 1993 on the financial sector (the " Financial Sector Law"), (ii) the law of 5 August 2005 on financial collateral law (the " Financial Collateral Law") and (iii
Pagination