With the aim of improving the efficiency of civil and commercial court proceedings, Luxembourg enacts the law of 15 July 2021 reforming aspects of its civil and commercial litigation rules and procedures; majority provision of which entered into force on September 16th, 2021.
On 31 December 2020, the UK departed from the EU without having received the required consent to its accession to the Lugano Convention of 2007. The Lugano Convention regulates both international jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters.
On 8 April 2020, the UK applied to accede to the 2007 Lugano Convention in its own right. However, in a recent communication to the EU Parliament and to the Council of the EU of 4 May 2021, the EU Commission is recommending to reject the application of the UK to accession of the Lugano Convention and that the UK should be treated as third countries via the application of the 2019 Hague Convention.
Which companies should take careful notice of this and how? In this episode I found my co-partner Zach Lichtblau in Shanghai and Mr. Ronnen Gaito in Luxembourg willing to discuss this heavy topic in a relatively light conversation. Ronnen explains how in the EU companies were affected in their daily management by the GDPR, what you should take into consideration with cross border transfers and how it was implemented and executed and Zach compares that with the expectations of the PIPL in China.
Ronnen Gaito is singled out by peers as a key name in Luxembourg's M&A market, particularly for international corporate and financial transactions.
RJ Gaito is peased to announce the appointment of Gwendoline Bella as a litigation partner. Gwendoline is highly experienced as a dispute resolution lawyer; she represents Luxembourg and international clients from the first instance courts to the Luxembourg Supreme Court.
The Court of Justice of the European Union (CJEU) on July 16, 2020, delivered its latest judgment in Max Schrems’ case against Facebook Ireland Ltd. and Data Protection Commissioner (Ireland) (Max Schrems II). In a landmark decision, the CJEU struck down the European Union United States of America (EU-US) Privacy Shield scheme as a mechanism allowing US commercial companies to transfer and store EU personal data in the US...
Our client, a leader in the software industry, recently prevailed in the Luxembourg Court of Appeal and received a favorable judgment that tacitly reconfirms a Supreme Court judgment (“Cour de Cassation”) of January 24, 2020. The judgment is of particular importance since it touches upon the essential elements of Luxembourg commerce and contract law and we were gratified that the Luxembourg Court of Appeal followed our reasoning.
Faced with the prospects of a severe global pandemic, we want to draw our clients’ attention to the implications of an inability to perform contractual obligations and consequently finding themselves or counterparties in potential breach of contract situation(s).
Data Protection is now in full swing and has extensive extraterritorial effects outside the EU. It is a complex matter which we want to highlight and which we wish to reiterate in this update.