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LexGO offers a wealth of information on legal topics. Each day we publish several articles written by legal and tax specialists from law firms, notaries offices, the legal departments from payroll agencies and tax consultants. It is the perfect way for lawyers at the Bar, in-house counsel, barristers, solicitors, notaries, bailiffs, paralegals and any other legal professional with an interest in Belgian and European law to keep informed of new legislative initiatives, case law, legal doctrine and all other legal developments on the Belgian legal scene!

Articles


Mr. Michiel Van Roey
 Ignace Vernimme

ECJ - C-201/13 – an autonomous concept of what constitutes a parody
10/09/2014

On August 3, 2014, the European Court of Justice ("ECJ") issued a judgment in response to a request from the Hof van Beroep te Brussel ("Court of Appeal, Brussels") for a preliminary ruling on three questions regarding the scope of a "parody" as articulated in article 5, par. 3, sub k, of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society (the "InfoSoc Directive").

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Mr. Jean-Luc Fisch
Mrs. Elisabeth Adam

Luxembourg Free Zone : Bill on VAT provisions submitted to Parliament
09/09/2014

On 1 September 2014, a bill of law n°6713 was submitted to the Luxembourg Parliament (the "Bill"). The Bill aims to amend the Law of 12 February 1979 on the value added tax (the "VAT Law") and the Law of 17 December 2010 on excise duties applicable to certain categories of goods.

This flash focuses only on the VAT amendments proposed by the Bill, the aspect of excise duties on tobacco products being of less importance.

The Bill aims at promoting the new VAT-free zone regime at Luxembourg's Findel airport implemented by the Law of 28 July 2011 and developing the Luxembourg art market notably by extending the tax regime of the profit margin to organisers of sales by public auctions (see part 2) below) and by exempting certain goods and services from VAT (see part 3) below).

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FLOATING FINANCIAL YEAR

FLOATING FINANCIAL YEAR
09/09/2014

The Luxembourg Accounting Standards Board (CNC) recently published a general notice (CNC 01/2014) in which it stated its opinion regarding the possibility for a Luxembourg company which prepares its accounts under Lux GAAP to adopt a floating financial year(1) (such a practice is already explicitly authorized for IFRS).

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Mr. Ignace Vernimme
Mr. Michiel Van Roey

European Court of Justice clarifies what constitutes a "parody"
08/09/2014

On September 3, 2014, the European Court of Justice ("ECJ") issued a judgment in response to a request from the Hof van Beroep te Brussel ("Court of Appeal, Brussels") for a preliminary ruling on three questions regarding the scope of a "parody". Under the InfoSoc Directive, Member States are allowed to exempt a party from obtaining an author's consent for the use of the author's work, under the condition the work is used for the purpose of caricature, parody or pastiche. Belgium has decided to allow such exception. The judgement of the ECJ now clarifies the conditions a work must fulfil to fall under the InfoSoc Directive's parody-exception.

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EMIR : UPDATED Q&A

EMIR : UPDATED Q&A
05/09/2014

ESMA published updated versions of its Q&A on 21 May 2014 (ESMA/2014/550) and on 10 July 2014 (ESMA/2014/815).

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Mr. Sébastien Engelen

The filing of a complaint before a competition authority
04/09/2014

A recent EU case reminds us of how important it is to meticulously prepare an antitrust complaint.

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Market abuse: a new framework in the European Union

Market abuse: a new framework in the European Union
03/09/2014

A new framework applicable to market abuse prohibition and prevention has been adopted by the European institutions. It consists of Regulation 596/2014 on market abuse (the “MAR”) and of Directive 2014/57/EU on criminal sanctions for market abuse (the “Sanctions Directive”), both of which were published in the Official Journal of the European Union on 12 June 2014. These two instruments replace and repeal Directive 2003/6/CE on insider dealing and market manipulation (the “MAD”), which had been implemented into Luxembourg by the Law of 9 May 2006 on market abuse. 

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Mr. Erik Valgaeren
Mr. Gérald Origer

Search engine activities are subject to data protection rules when processing online personal data
02/09/2014

On 13 May 2014 the European Court of Justice (“ECJ”) rendered a decision in a case in which the Court had to answer important questions relating to the material and territorial scope of application of the Data Protection Directive 95/46 on search engine activities and to a data subject’s “right to be forgotten”.

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Publication of supplements to the prospectus

Publication of supplements to the prospectus
01/09/2014

The Law dated 10 July 2005 on the prospectuses for securities (the “Law”), implementing the Directive Prospectus of 2003/71/EC (as amended by Directive 2010/73/EC) requires every significant new factor, material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or, as the case may be, the time when trading on a regulated markets begins, whichever occurs later, to be mentioned and published in a supplement to the prospectus. 

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Single supervisory mechanism (

Single supervisory mechanism ("SSM")
29/08/2014

On 14 May 2014, two regulations issued by the European Central Bank (“ECB”) within the framework of the SSM were published in the Official Journal of the European Union:

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