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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 ...
The new law on moral harassment at work in Luxembourg is published
In Luxembourg, there was no legal framework for moral harassment (unlike in the Grand Duchy’s neighbouring countries and unlike sexual harassment, which has had a ...
Can the employer prohibit the use of mobile phones during working hours?
At a time of debate on the hyperconnection of employees and the consequences for health, some employers may encounter the opposite problem when faced with ...