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Directors with expired mandates lack authority to appeal a dissolution judgment: such an act falls outside day-to-day management
A judgment had ordered the judicial winding-up of a public limited company pursuant to Article 480-1 of the amended 1915 Law on Commercial Companies (LSC), ...
Unilateral Termination of a Commercial Contract: Be Careful About the Grounds
Court of Appeal 19 June 2026 In a ruling dated June 19, 2026, the Luxembourg Court of Appeal reiterated that a contracting party may unilaterally ...
Creditor’s recourse against a judgment placing a life insurance company in liquidation
On 31 January 2025, the Luxembourg District Court placed an insurance company in judicial liquidation and appointed a liquidator. A creditor who had taken out ...
Sale for a symbolic euro in the context of a judicial reorganisation?
Pursuant to the Law of 7 August 2023 on the preservation of businesses and the modernisation of bankruptcy law (the ‘Law of 2023’), the District ...
Resignee: good or bad leaver?
The Luxembourg District Court took recently a decision (26 January 2024) in a dispute between an individual and a company where the question was to ...
Conflicts of jurisdiction in insolvency proceedings: a reminder about the Centre of Main Interests (COMI)
Regulation (EU) 2015/848 of May 20, 2015 on insolvency proceedings aims at harmonizing the rules applicable to cross-border insolvency proceedings within the European Union. Its ...
Update on investment fund investor protection rules
On 29 March 2024, the CSSF published Circular CSSF 24/856 (the ‘Circular 24/856’) on the protection of investors in the event of NAV calculation errors, ...
Conflict between shareholder agreement and articles of association of a company: what prevails?
In a pending procedure in front of the Luxembourg Commercial Court, one party (Company 1) disputed the mandate of the other party’s (Company 2) legal ...
balance of rental charges: who should the tenant pay in case of sale
In a judgment of 27 March 2023, the Luxembourg Court recalls the rules regarding the transfer of rights and obligations between the seller and the ...