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Europees recht


Draft Law to transpose EU Directive on long-term shareholder engagement into Luxembourg national Law

Draft Law to transpose EU Directive on long-term shareholder engagement into Luxembourg national Law
03/02/2019

On January 11th 2019, the Council of the Government (Le Conseil de gouvernement) discussed a draft law (the “Draft Law”) which has as its purpose the transposition into Luxembourg law of Directive (EU) 2017/828 of 17 May 2017 as regards the encouragement of long-term shareholder engagement (the “Shareholder Engagement Directive”).

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 New draft law aiming at mitigating Brexit effects and safeguarding the interests of the Luxembourg financial and insurance sectors

New draft law aiming at mitigating Brexit effects and safeguarding the interests of the Luxembourg financial and insurance sectors
01/02/2019

Today, a draft law was released which aims at ensuring that even in case of a hard Brexit, UK entities of the financial and insurance sectors with Luxembourg activities will still be able to perform some activities in Luxembourg 

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Consequences of a no-deal Brexit on personal data transfers to the UK

Consequences of a no-deal Brexit on personal data transfers to the UK
31/01/2019

On 15 January 2019, the House of Commons of the United Kingdom voted against the Withdrawal Agreement negotiated between the UK government and the European Union in the context of Brexit.

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CJEU Denies SPC for Medical Devices Incorporating an Ancillary Active Ingredient

CJEU Denies SPC for Medical Devices Incorporating an Ancillary Active Ingredient
09/01/2019

The Court of Justice of the European Union (CJEU) recently ruled that, unlike medicinal products, medical devices incorporating an ancillary drug substance cannot benefit from supplementary protection certificate (SPC) protection. 

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CJ rules that UK may unilaterally withdraw from Brexit (Wightman and others)

CJ rules that UK may unilaterally withdraw from Brexit (Wightman and others)
02/01/2019

On 10 December 2018, the CJ issued its judgment in case Andy Wightman and others v Secretary of State for Exiting the European Union (C-621/18). The case deals with the question of whether the UK may unilaterally revoke the notification of intention to withdraw from the EU. 

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Regulation (EU) 2018/302 on geo-blocking now applicable

Regulation (EU) 2018/302 on geo-blocking now applicable
31/12/2018

“Geo-blocking” designates the problem of customers not being able to buy goods and services from traders located in a different European Union (“EU”) Member State for reasons related to their nationality,

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State Aid/WTO CJ rules that exemption from real estate transfer tax in the context of a restructuring within a group is not State aid (A-Braunerei)

State Aid/WTO CJ rules that exemption from real estate transfer tax in the context of a restructuring within a group is not State aid (A-Braunerei)
27/12/2018

On 19 December 2018, the CJ issued its judgment in case Finanzamt B v A-Braueri (C-374/17). The case deals with a request made by A-Brauerei concerning the refusal of German tax authorities to grant A-Brauerei the exemption from the real property transfer tax which may, under certain conditions

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CJEU Denies SPC for Medical Devices Incorporating an Ancillary Active Ingredient

CJEU Denies SPC for Medical Devices Incorporating an Ancillary Active Ingredient
24/12/2018

The Court of Justice of the European Union (CJEU) recently ruled that, unlike medicinal products, medical devices incorporating an ancillary drug substance cannot benefit from supplementary protection certificate (SPC) protection. 

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Brexit: the UK may unilaterally back out

Brexit: the UK may unilaterally back out
12/12/2018

In today’s judgment (07.12), the Court of Justice of the European Union, sitting in full court, has followed the opinion of its Advocate General by recognising the UK’s right to revoke its intention to leave the European Union.

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Preliminary opinion of EU Court of Justice suggests that United Kingdom could still avoid Brexit

Preliminary opinion of EU Court of Justice suggests that United Kingdom could still avoid Brexit
07/12/2018

On 4 December, EU Court of Justice Advocate General Campos Sánchez-Bordona concluded that the United Kingdom may unilaterally withdraw its intention to leave the European Union before 29 March 2019 and therefore remain in the EU.

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