For contracts governed by Luxembourg law, the parties may wish to consider if the COVID-19 outbreak has rendered the obligation impossible to fulfil and could thus qualify as an event of force majeure within the meaning of the Luxembourg Civil Code.
On Monday 18 November 2019 the Dutch Authority for Consumers and Markets ("ACM") announced that the regulator had dawn raided several large traders in the agriculture sector. These dawn-raids follow a European trend in which regulators across Europe focus on buying alliances and cartels in the agricultural and retail sectors. In this blog we will discuss this trend.
Since 3 December 2018, EU Regulation 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market has been directly effective in the European Union
On 22 December 2017, the Luxembourg Minister of Economics filed Bill of law 7228("Bill”) aiming to amend the Law of 2 September 2011 on access to certain professions, as amended ("2011 Law”) with the Luxembourg Parliament.
The Court of Justice ruled that “an intermediation service […], the purpose of which is to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journey
On 22nd December 2017, the Luxembourg Minister of Economics filed Bill of law No. 7228 (the “Bill”) aiming to amend the Law of 2 September 2011 on access to certain professions, as amended (the “2011 Law”) with the Luxembourg Parliament.
On 10 May 2017 the European Commission published its final report on the sectoral survey on electronic commerce in consumer goods and digital content in the EU.
On April 27, 2017, the Chamber of Deputies passed a law allowing the sale of medicines not subject to prescription via the internet. This text can be considered as an advance, since it takes into account the recent evolutions of society. However, it is necessary to consider whether this law is in conformity with European Union law and in particular the provisions on freedom to provide services.
Uber's model is highly controversial: some hail competition from the services of taxi companies, others consider that the services offered by Uber constitute unfair competition for taxis and a circumvention of the law applicable in social matters.
The Grand-Duchy is one of the last European countries in which UBER does not offer its services. It will however probably not be the case for much longer. Representatives of the company already approached the Luxembourg Minister of Sustainable Development and Infrastructures. The latter indicated in a parliamentary response (2437) that the Luxembourg legislation may, under certain conditions, enable the offer of some UBER services.
