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Handelspraktijkenrecht


Restructuring and Corporate Recovery measures in Luxembourg – April 2020

Restructuring and Corporate Recovery measures in Luxembourg – April 2020
21/04/2020

Luxembourg went into full Coronavirus lockdown on March 16. By the ministerial decree of 16 March 2020, the State narrowed down the movement of citizens to the essential activities (notably the procurement of food, medication and basic necessities and travel to health facilities) 

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Covid-19 Impact on Luxembourg Contractual Obligations

Covid-19 Impact on Luxembourg Contractual Obligations
07/04/2020

In this unprecedented health crisis, many economic actors are facing the impossibility of fulfilling their contractual obligations or do not wish to honour them because they are no longer commercially viable.

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Contracts and commercial litigation: Covid-19 as an unforeseeable event and/or a material adverse change

Contracts and commercial litigation: Covid-19 as an unforeseeable event and/or a material adverse change
27/03/2020

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. 

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Buying alliances in Europe are under threat

Buying alliances in Europe are under threat
05/12/2019

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.

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Sales practices: geo-blocking and territorial segmentation of the market becoming more difficult in Luxembourg

Sales practices: geo-blocking and territorial segmentation of the market becoming more difficult in Luxembourg
30/01/2019

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

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Bill of Law: Simplification of access to certain professions in Luxembourg

Bill of Law: Simplification of access to certain professions in Luxembourg
23/02/2018

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.

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An important decision for Uber: the qualification of this startup as a

An important decision for Uber: the qualification of this startup as a "service in the field of transport"
26/01/2018

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

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Bill of law No. 7228 – simplification of access to certain professions in Luxembourg

Bill of law No. 7228 – simplification of access to certain professions in Luxembourg
11/01/2018

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.

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Final report on the sector inquiry on electronic commerce

Final report on the sector inquiry on electronic commerce
03/07/2017

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.

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 Distance selling of non-prescription medicines

Distance selling of non-prescription medicines
12/06/2017

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.

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