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European Law


Digital platforms – The gatekeepers under the EU’s new Digital Markets Act

Digital platforms – The gatekeepers under the EU’s new Digital Markets Act
18/01/2021

In December last year the European Commission published its much anticipated draft Digital Markets Act. 

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Brexit: European Union Trademarks – Situation as from 1 January 2021

Brexit: European Union Trademarks – Situation as from 1 January 2021
11/12/2020

The United Kingdom (“UK”) left the European Union (“EU”) on 31 January 2020 and Brexit’s transition period will end on 31 December 2020. Here is what will change for EU trademarks (“EUTM”) starting on 1 January 2021

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Regulatory certainty for the investment fund industry in view of the forthcoming end of the transitional period under Brexit

Regulatory certainty for the investment fund industry in view of the forthcoming end of the transitional period under Brexit
10/12/2020

In view of the departure of the United Kingdom from the EU on 1 February 2020 and the forthcoming end of the transitional period on 31 December 2020, the CSSF stated its expectations and rendered some clarifications through a press release published on 7 December 2020.

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CJEU clarifies legality of surveillance legislation for national security

CJEU clarifies legality of surveillance legislation for national security
20/11/2020

Recently, the Court of Justice of the European Union (“CJEU”) ruled on case C-623/171 and the joined cases C-511/18, C-512/182 and C-520/183 (the “Joined Cases”) on the lawfulness of national security laws of the United Kingdom, France and Belgium,

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Mr. Bruno Gasparotto

CJEU: new developments in the realm of VAT recovery on dead deal costs
20/11/2020

In the context of a prospective acquisition of shares in a company in the telecommunications sector, and with the intention of rendering taxable management services to the target once acquired, Sonaecom purchased consultancy services consisting of a market study, for which it deducted all input VAT.

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EIOPA outlines approach on product oversight and governance

EIOPA outlines approach on product oversight and governance
18/11/2020

EIOPA published a paper on its approach to product oversight and governance requirements for insurance distributors and manufacturers

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The Court of Justice of the EU clarifies the assessment of position marks for services

The Court of Justice of the EU clarifies the assessment of position marks for services
15/10/2020

The Court of Justice of the EU recently clarified the criteria to take into account when assessing the distinctive character of a position mark applied for in respect of services, in this case passenger transport services (CJEU Östgötatrafiken judgment, Case C-456/19).

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"No-deal" Brexit scenario: overview and implications for UK AIFMs operating in Luxembourg
17/08/2020

Many UK firms currently carry on cross-border services in Luxembourg in reliance on an EU financial services passport (e.g. under the Alternative Investment Fund Managers Directive ("AIFM Directive") or the Markets in Financial Instruments Directive ("MIFID")).

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New mandatory automatic exchange of information rules for Digital Platforms “DAC7”

New mandatory automatic exchange of information rules for Digital Platforms “DAC7”
24/07/2020

On 15 July 2020, the EU Commission published a directive proposal (the “DAC7 Proposal”), amending, for the 6th time, Directive 2011/16/EU on administrative cooperation (the “DAC”) in the field of taxation.

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Brexit uncertainty forces UK FCA to re-open the TPR

Brexit uncertainty forces UK FCA to re-open the TPR
23/07/2020

In light of the ongoing Brexit discussions, the UK Financial Conduct Authority (FCA) has decided to re-open the temporary permissions regime (TPR) as from 30 September 2020.

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