European Account Freezing Orders : What’s new?

The European Account Freezing or Preservation Orders (EAPOs) have not yet revealed to be a particular successful tool throughout Europe. Overview of the procedure As a reminder, EAPOs allow Courts in one EU Member State to freeze a debtor’s bank accounts in another Member State (read our previous article here). The EAPO Regulation 655/2014 (the […]

Full unemployment benefits in Luxembourg: What are the requirements?

A person who is unemployed can, under certain conditions, request the granting of a full unemployment benefit, in order to avoid finding him or herself without revenu overnight. The granting of a full unemployment benefit to an unemployed person is subject to various conditions, ie: 1 be involuntarily unemployed, 2 be domiciled in Luxembourg i) […]

Brexit: Further details on what to do in case of a deal

In a previous article, we have outlined what British citizens need to know (and do) to stay in Luxembourg in the event of a deal or in the event of a no-deal (the article can be found here). A draft Grand-ducal Regulation (the “Draft Regulation”) has been published setting-out further details on the procedures and […]

Self-employment in Luxembourg for third country nationals

The Grand-Duchy of Luxembourg, known, among others, for its stability and strong financial industry, has become a destination of choice for business over the years. Nationals from an EEA country as well as Swiss nationals only have to fulfill very few conditions to open a business or become self-employed in Luxembourg (at least from an […]

Brexit: What it means for British citizens working or residing in Luxembourg

The outcome of the Brexit negotiations are still uncertain. In the meantime, Luxembourg just published a bill of law on 8 February 2019 (n°7406) to protect British citizens working as civil servants or government employees in case of a hard Brexit. What does it mean for British citizens not working as civil servants in Luxembourg? […]

Etat de nécessité et infraction routière

Un arrêt rendu en date du 12 juillet 2010 (Not 20696/09/CC) par la cour d’appel, rappelle les conditions par lesquelles il est possible de s’affranchir des règles du code de la route en cas de nécessité. Il était reproché au conducteur, ambulancier volontaire, d’avoir circulé à une vitesse de 106 km/h alors que la vitesse maximale […]

GDPR: New Guideline on territorial scope

The European Data Protection Board (« EDPB ») issued a new draft guideline (“Guideline 3/2018”) on the territorial scope of the General Data Protection Regulation (“GDPR”). The Guideline 3/2018 brings long awaited clarifications on questions in relation to the criteria of “establishment” and “targeting”, processing in places where Member State law applies by virtue of public international […]

Residence permit in Luxembourg for temporary Intra-company transfers (ICT)

Besides introducing a new regime for certain investors, the law of 8 March 2017 (modifying the law of 29 August 2008, the “Law of 2008”) foresees a new status for third-country nationals (“TCN”) in the case of temporary Intra-company transfer (“ICT”). This new law implements the Directive 2014/66/EU on the conditions of entry and residence […]

The Japan-EU Adequacy Agreement: GDPR’s First Country-to-Country test, and What This Means for Asian Businesses

As of 17 July 2018, Japan and the EU have reached a preliminary [Adequacy] agreement regarding future free-flow of personal data between the two countries.  This situation represents a significant practical test with regard to country-to-country data sharing agreements in light of the Regulation (EU) 2016/679  (the ‘General Data Protection Regulation’ [hereafter “GDPR”]) applicable since […]