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  • Article

    Belgium Is Getting Ready For The Digital Services Act: Are You Impacted?

    On 17 February 2024, the EU Digital Services Act became fully applicable to online intermediaries and platforms (online marketplaces, social networks, content-sharing platforms, etc.) operating in Europe.
    BelgiumMedia, Telecoms, IT, Entertainment
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Getting Ready For The Digital Services Act: The Netherlands ACM Publishes For Consultation Its Draft DSA Guidelines

    The European Union (EU) has introduced a landmark regulation known as the Digital Services Act (DSA).
    European UnionPrivacy
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Equity Investment In Dutch Emerging Company: Main Legal Documents And Closing Process – New York Office Snippet

    Loyens & Loeff New York regularly posts ‘Snippets' on a range of EU tax and legal topics. A significant part of capital raised by Dutch emerging companies comes from US investors...
    GlobalCorporate/Commercial Law
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Luxembourg Court Of Appeal Issues Key Decision On The Recognition And Enforcement Of ICSID Awards

    The Court of appeal's decision brings a final answer to the debate. While the Luxembourg courts have clarified on numerous occasions the modalities surrounding the 1958 New York Convention...
    LuxembourgLitigation, Mediation & Arbitration
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Legislative Proposal For Implementation Of DSA Sent To The Dutch House Of Representatives

    The Digital Services Act (Regulation 2022/2065, DSA) has come into force as of 17 February 2024 (please see our previous blog). Last week, on 3 April 2024.
    LuxembourgPrivacy
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Dutch Tax Classification Reform: What Pension Funds Need To Know

    As of 1 January 2025, Dutch tax classification rules for limited partnerships have undergone a fundamental shift. This change may have significant implications for Dutch pension funds, particularly those investing in (alternative) investment funds (Funds)...
    NetherlandsEmployment and HR
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Basic Elements Of Ship Finance In The Netherlands – New York Office Snippet

    The Netherlands is considered a creditor-friendly jurisdiction. However, there are some aspects of Dutch law that US financial institutions considering ship finance in the Netherlands should be aware of.
    NetherlandsFinance and Banking
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Launch Of Public Consultation On Taxation Of Lucrative Interests

    Yesterday, the Dutch Ministry for Finance launched a public consultation on the tax treatment of so-called ‘lucrative interests' (i.e. the Dutch carried interest taxation rules)...
    NetherlandsTax
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Pillar Two: Simplified ETR Safe Harbour - New York Office Snippet

    Loyens & Loeff New York regularly posts ‘Snippets' on a range of EU tax and legal topics. This Snippet provides a high-level overview of the recently released Simplified ETR Safe Harbour (SE SH)...
    United StatesTax
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Pillar Two: When Can US MNEs Benefit From The Safe Harbour Rules? – New York Office Snippet

    The SH temporarily allow an MNE to avoid undertaking detailed P2 calculations in respect of low-risk countries in the initial years (FYs beginning before 2026 and ending prior...
    United StatesTax
    Loyens & Loeff
    Loyens & Loeff
  • Article

    CSRD Update – What To Expect From The Final Version Of The Bill?

    On 26 November 2024, the State Council issued its latest opinion, retracting the formal objections it had previously raised against the amendments to Bill 8370...
    LuxembourgCorporate/Commercial Law
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Our Dispute Resolution Team Successfully Argued The First-ever Case Under Article 10 Of The Luxembourg Restructuring Law

    In a decision delivered on 31 January 2025 (2025TALCH02/00210) (the Decision), the Luxembourg District Court has, for the first time, applied article 10 of the Luxembourg Law of 7 August 2023...
    LuxembourgInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Toll Manufacturer (Again) Does Not Constitute VAT Fixed Establishment Of Its Principal

    On numerous occasions in recent years the European Court of Justice (ECJ) had to decide whether VAT fixed establishments were present within corporate group structures. In each case, the ECJ ruled...
    European UnionTax
    Loyens & Loeff
    Loyens & Loeff
  • Article

    The Role Of Luxembourg Fund Vehicles In The Growth Trajectory Of EU Fund Managers

    For initial fund vintages EU fund managers (EUFMs) typically focus on raising capital from a smaller pool of domestic investors. As their investment strategies gain traction...
    LuxembourgFinance and Banking
    Loyens & Loeff
    Loyens & Loeff
  • Article

    US Fund Managers Raising Capital In Germany, Mind The (New) Quota Rules – New York Office Snippet

    When US fund managers (USFM) tap into the EU investor pool with their private funds, German institutional investors (such as pension funds and insurance companies)...
    LuxembourgFinance and Banking
    Loyens & Loeff
    Loyens & Loeff
  • Article

    The Important Distinction Between 'Ordinary' And 'Extraordinary' Creditors In A Luxembourg Reorganisation Plan By Collective Consent

    The New Insolvency Law makes a distinction between ‘ordinary' and ‘extraordinary' creditors (créanciers sursitaires ‘ordinaires' et ‘extraordinaires') covered by the stay, being in this context...
    LuxembourgInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    ATAD 2 And Budget Laws Voted In Luxembourg

    On 19 December 2019, the Luxembourg Parliament voted both the 2020 Budget law, which terminates all pre-2015 tax rulings
    LuxembourgTax
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Equity Commitment Letters: 7 Things To Pay Attention To

    If the signing and closing of a transaction does not take place on the same day, the seller runs a debtor risk on the buyer. This risk is even greater if the buyer is a newly established acquisition...
    NetherlandsCorporate/Commercial Law
    Loyens & Loeff
    Loyens & Loeff
  • Article

    The Use Of Dutch Pre-Wired Back-End Measures By Foreign Companies

    The use of pre-wired back-end measures has become a well-established part of transaction structures when a public bid is launched for a Dutch listed company.
    NetherlandsCorporate/Commercial Law
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Amsterdam Court Of Appeal: Temper Workers Qualify As Temporary Agency Workers

    The Amsterdam Court of Appeal has ruled that workers operating through the Temper platform are temporary agency employees rather than self-employed contractors, fundamentally challenging the platform's business model and classification practices.
    NetherlandsEmployment and HR
    Loyens & Loeff
    Loyens & Loeff

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