food delivery platform found guilty for using clandestine delivery drivers
A company was using “freelance” delivery drivers through its online platform (the “Food Delivery Company”). The platform was using the now worldwide well-known model where the client would order food through an online website. Delivery drivers would register on an application where they would indicate the time slots they would be available to make deliveries. […]
CHINALUX EVENT ON “WELCOME TO LUXEMBOURG”
The China-Luxembourg Chamber of Commerce (ChinaLux) hosts an Event “Welcome to Luxembourg” on 12 July 2022 (at the BCEE 19 Av. de la Liberté, 1160 Luxembourg). Cédric Schirrer will speak on the subject “Frequently asked legal questions on residing and working in Luxembourg”.
Obtaining a business license after facing bankruptcy: a second chance
A director or manager of a company involved in a bankruptcy will often face the problem of obtaining a business license (autorisation d’établissement) for a new company or renewing another existing business license for another company. Indeed, a person involved in a bankruptcy could be considered by the authorities, until now, as not meeting the […]
Personal liability of directors for tax debts: is a Court action doomed to fail?
Legal representatives of a company (including de facto or apparent directors) are obliged to fulfil all tax obligations of the company they represent. They are obliged to fulfil the tax obligations of the company, in particular to submit tax returns within the statutory time limits and to pay the taxes for which the company is […]
High level of consumer protection when booking a hotel online: ECJ confirms
A recent Court decision “Fuhrman-2” of the European Court of Justice (ECJ) of 7 April 2022 (n°C-249/21) brought an important clarification on consumer protection when completing a booking online. Facts A hotel in Germany was putting its rooms up for rental, among others, through the well-known online platform booking.com. In 2018, a consumer visited the […]
Dismissal for long sick leave
The employer must be able to rely on the employee’s presence at the workplace. However, the employee may be prevented from attending the workplace for health reasons. This does not, in principle, constitute a negligence or a cause for dismissal. The employee is also protected against dismissal if he notifies his employer on the first […]
New draft law : online incorporation of companies
A draft law (n°7968) was published on 15 February 2022. The purpose is to implement Directive 2019/1151 as regards the use of digital tools and processes in company law (the “Directive”). The initiative of the Directive follows the European Commission’s Communication of 6 May 2015, where it was emphasizes that “any incorporated company should be […]
Stricter conditions for private reasons residence permits
A third country national (non-EU national) who wants to reside in Luxembourg with no intention to work is able to apply for a private reasons residence permit. This residence permit was aimed, among others, at wealthy and high-net-worth individuals (HNWI) who did not need to work in Luxembourg, but could prove that they were able […]
Online Platforms: adjusting the balance of power
Regulation (EU) 2019/1150 of 20 June 2019, known as the “Platform to Business” Regulation promoting fairness and transparency for business users of online intermediation services, entered into force on 12 July 2020 (hereinafter the “Regulation”). Following the entry into force of this Regulation, a law of 5 March 2021 implemented the Regulation in the Grand […]
COVID-19 and rental disputes (Update December 2021)
The COVID-19 pandemic has generated disputes in all areas of the law. The disputes between landlords and tenants are no exception, especially considering the “hard” lockdown periods, where many tenants in the commercial field were forced to close down completely, or partially, their businesses. While the businesses were closed, they were often unable to pay […]
