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E-commerce: the next battleground of competition law
Arendt & Medernach, March 2016

As the internet and information technology has revolutionised the World over the past twenty years, the online offer of goods and services (e-commerce) has inevitably become a vital component of business. The rise of direct online sales by transport operators and hotels as well as of sales platforms, such as Amazon and eBay, is testament to this commercial revolution.  From a competitive standpoint, e-commerce should be beneficial to competitors and consumers...

The Theft of Data Covered by Banking Secrecy by an Employee May be Justifiable!
Arendt & Medernach, October 2012

On 26 June 2012, the criminal chamber of the Luxembourg District Court (tribunal d’arrondissement) rendered a judgment within the context of a criminal action initiated for theft of data covered by banking secrecy against a former employee (the “Employee”) of a Luxembourg credit institution (the “Bank”)...

The Luxembourg Law of 21 July 2012: Squeeze-Outs and Sell-Outs of Securities Admitted to Trading on a Regulated Market or Public Offer
Arendt & Medernach, October 2012

Luxembourg has extended its squeeze-out and sell-out regime as a result of the adoption of the law of 21 July 2012 on squeeze-outs and sell-outs of securities of companies admitted or formerly admitted to trading on a regulated market or which have been the object of a public offer (the “Law”)1...

Proposed Legislation Introducing the Concept of Professionals of the Insurance Sector
Arendt & Medernach, October 2012

On 17 February 2012, the Luxembourg government introduced the bill of law No. 639824 amending the modified law of 6 December 1991 on  the  insurance  sector  (the ¡§Bill¡¨)...

Modernisation of the Luxembourg Common Limited Partnership (CLP) Regime – Introduction of a New Special Limited Partnership (SLP) Regime
Arendt & Medernach, October 2012

On 24th August 2012, the draft bill of law N° 6471 in relation  to  the transposition of Directive 2011/61/EU of the European Parliament and of the Council of 8th June 2011 on Alternative Investment Fund Managers (the “AIFMD”) was submitted to the Luxembourg Parliament...

International Tax Update
Arendt & Medernach, April 2009

Case C-515/07 – Deduction of VAT on costs allocated by a business to its nontaxable activities In this case, the European Court of Justice (“ECJ”) was asked to determine whether a taxable person is allowed to allocate not only capital goods, but all goods and services used both for business purposes and for purposes other than business purposes, entirely to his business and to deduct immediately and fully recover VAT due on the acquisition of these goods and ser

Luxembourg Amends Law on S.A. and S.C.A. Companies
Arendt & Medernach, October 2006

Luxembourg has recently modernized its corporate law with regard to société anonyme (S.A.) and société en commandite par actions (S.C.A.) companies through the law of 25 August 2006 on the European Company, the S.A. company with management board and supervisory board and the S.A. company with a single shareholder amending the law of 10 August 1915 governing commercial companies (the “Law”)...

The Impact of the Law Concerning the European Company on Luxembourg Undertakings for Collective Investment
Arendt & Medernach, October 2006

On 31 August 2006, the law of 25 August 2006 implementing Council Regulation (EC) 2157/2001 of 8 October 2001 on the Statute for a European company (the “Regulation”) has been published in the Luxembourg Official Gazette (hereinafter the “Law”)...

Case Law on Procedural Aspects Language of Exhibits Filed in Court
Arendt & Medernach, October 2006

On 19 May 2006, the Luxembourg District Court, commercial section, second chamber, awarded an interesting judgment on the question regarding the languages in which exhibits may be filed before the Luxembourg courts. The claimant filed certain exhibits in English...

Amendment of the Data Protection Law
Arendt & Medernach, October 2006

A bill concerning the amendment of the law of 2 August 2002 on the protection of persons with regard to the processing of personal data (hereinafter respectively the “Bill” or the “Law”) has been filed by the government...

Draft Bill on the Criminal Liability of Legal Entities
Arendt & Medernach, October 2006

The Luxembourg Ministry of Justice recently presented a draft bill, the aim of which is to implement criminal liability for legal entities (personnes morales) into Luxembourg law (the “Draft Bill”), bowing to the pressure of international treaties which expect Luxembourg to implement such a liability. Currently, and until the Draft Bill is enacted, only natural persons may be held criminally liable, whereas a legal entity may not incur criminal sanctions...

EC Merger Control Luxembourg Investment Companies
Arendt & Medernach, October 2006

Luxembourg has been and still is a pole of attraction for the establishment of investment companies wishing to invest in projects abroad. These companies can either be set up as special purpose vehicles or take the form of one of the various specific investment schemes under Luxembourg law...

CESR's Guidelines to Simplify the Notification Procedure of UCITS (Ref CESR/06-120b)
Arendt & Medernach, May 2006

The Committee of Eurpopean Securities Regulators (CESR) has issued in June 2006 13 guidelines (hereinafter the Guidelines) for a common approach by host authorities of the notification procedure as set out by articles 44-46 of Directive 85/611/CEE on UCITS as amended (hereinafter the Directive). Indeed, the notification procedure has developed into a de facto time consuming and costly registration procedure...

New Law on the Combat against Money Laundering & Terrorist Financing
Arendt & Medernach, November 2004

This law aims at the prevention of the use of the financial system for the purpose of money laundering. The law broadens the scope of the anti-money laundering regulations by enlarging the range of addressees, extension of professional obligations, clarification of the scope of the existing legal scheme, and provision for homogeneous sanctions...

Legal Update – October 2004
Arendt & Medernach, October 2004

This issue contains information on the new Luxembourg law on the reorganization and winding up of credit institutions, changes in European and national competition law, and admission of Offshore Funds in the Luxembourg Stock Exchange...

New Luxembourg Law on Risk Capital Investment Companies
Arendt & Medernach, June 2004

The Law introduces a new form of investment vehicle under the name of Société d'Investissement en Capital à Risque (SICAR) which is to be used for investments in risk capital. Until now, a promoter wishing to set up an undertaking investing in venture capital or private equity under Luxembourg law could either establish a regulated or a non-regulated vehicle...



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