Latest Newsletters & Newsflashes
Jul 07, 2023SFDR data collection for Luxembourg investment funds | update
On 30 June 2023, the CSSF published a press release on the SFDR data collection exercise for investment fund managers (“ IFMs”) and institutions for occupational retirement provision (“ IORPs”), on periodic reporting in relation to Regulation (EU) 2019/2088 on sustainability reporting in the
Jul 07, 2023General Court of the EU reaffirms primary substantive right of access to documents
On 22 March 2023, in its judgment T-72/20 Satabank v. European Central Bank, the General Court of the EU (the “ General Court”) annulled a decision of the European Central Bank (the “ ECB”) rejecting access to a file requested by Satabank plc (the “ Bank”). At the time the complaint was lodged
Jul 07, 2023BSP Newsletter | July 2023
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Jul 06, 2023New Directive on transparency and equal pay for men and women
Directive (EU) 2023/970 of 10 May 2023, aimed at strengthening the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms, was published in the Official Journal of the EU on 17 May 2023 and entered
Jul 05, 2023Luxembourg Lower Administrative Court rules on constitutionality of local property tax
On 10 February 2023, the Luxembourg Lower Administrative Court ( Tribunal administratif) handed down a judgment regarding the constitutionality of a decision by the municipal council of the town of Diekirch to increase its local property tax rate. In 2021, the Diekirch municipal council decided to
Jul 05, 2023Adoption of the Law introducing into the labour code a right to disconnect
On 13 June 2023, the Luxembourg Parliament ( Chambre des Députés) adopted the law amending the Labour Code with a view to introducing a provision on the right to disconnect (the “ Law”). Background Before the adoption of the Law, a right to disconnect was not expressly addressed in the Luxembourg
Jul 04, 2023Bellegen Akt | increase in reduction of registration and transcription duties for the acquisition of the principal residence
On 16 May 2023, the Luxembourg Parliament ( Chambre des Députés) has passed the law amending the law of 30 July 2022 setting out various tax measures designed to encourage the marketing and acquisition of building land and residential property (the “ Law”). The purpose of the Law is to increase
Jul 04, 2023ESMA updated Q&A on the application of the AIFMD
On 26 May and 13 June 2023 ESMA published its updated Q&A on the application of the AIFMD (the “ Q&A”). The answers to the questions in the June update were provided by the European Commission. Pre-marketing of AIFs In it May update ESMA clarified that non-EU AIFMs are not allowed to carry out pre
Jul 03, 2023Newsflash | New Court decision on share class redemptions: A clear(er) path to redemption?
On 14 June 2023, the Lower Administrative Court ( Tribunal administratif) took a decision (docket n°45759) on the Luxembourg tax treatment of the repurchase of shares by a Luxembourg company. The decision builds on previous case law on the matter and clarifies that in case of a proportional
Jul 03, 2023Revitalizing EU capital markets: new rules for retail investors
Introducing the retail investment package to enhance trust and participation in EU Capital Markets On 24 May 2023, the European Commission adopted a retail investment package (the “ RIP”), announced in the 2020 capital markets union action plan, which seeks to create a safer environment for
Jun 30, 2023Newsflash | Employment of third-country nationals: new restrictions in sight for employers
On 30 May 2023, the Luxembourg Parliament ( Chambre des députés) filed a draft law (the " Draft Law") amending i) the Labour Code, ii) the law of 29 August 2008 on the free movement of persons and immigration (the " Immigration Law") and iii) the law of 18 December 2015 on the reception of
Jun 30, 2023Navigating the path to ESG transparency: joint consultation paper on review of SFDR delegated regulation
European supervisory authorities (“ESAs”) release draft regulatory technical standards (“RTS”) for sustainability disclosures: proposed changes to principal adverse impacts (“PAIs”) and financial product disclosures The ESAs recently published a Joint Consultation Paper on the review of the
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