Luxembourg, Luther SA updates

Litigation

Contributed by Luther SA
Court of Appeal rules on prorogation of general shareholders' meetings
  • Luxembourg
  • 09 October 2018

The Court of Appeal recently ruled on the prorogation of general shareholders' meetings. Although this decision confirms the existing case law on prorogation, it is notable as it is the first time that a court has ruled that a prorogation request can be made before, and not only during, a shareholders' meeting. Ultimately, the decision strengthens the rights of minority shareholders.

New law on court enforcement of European account preservation orders
  • Luxembourg
  • 25 September 2018

The EU European Account Preservation Orders (EAPO) Regulation states that attachment orders must be enforced through the courts in accordance with the procedures applicable to the enforcement of equivalent national orders in the member state of enforcement. As Luxembourg's existing legislation proved to be poorly adapted to the execution of EAPOs, it recently implemented the EAPO Conversion Law in order to introduce a specific court enforcement procedure applicable only to EAPOs.

Court of Appeal rules on loss of credit capacity in bankruptcy
  • Luxembourg
  • 18 September 2018

The Court of Appeal recently ruled on the loss of credit capacity in the context of bankruptcy. This was the first time that the availability of company funds in a third-party account was seen as a sufficient reason to avoid the loss of credit capacity. Thus, the court has finally clarified the notion of the loss of credit capacity referred to in Article 437 of the Code of Commerce in a way that is restrictive and favourable for debtors.

Court of Appeal rules on procedural standing of shareholders to challenge corporate decisions
  • Luxembourg
  • 19 June 2018

The Court of Appeal recently ruled that shareholders have a right to seek an annulment of decisions made by their company's board of directors. This decision sets a precedent for challenging board decisions on the grounds of the Companies Law, thereby increasing legal certainty by filling the gaps left by the law. However, it also marginally limits the scope of such challenges by excluding former shareholders from initiating new proceedings.

Appeal court questions law on exchange of tax information on request
  • Luxembourg
  • 12 June 2018

The Luxembourg Administrative Court of Appeal and the European Court of Justice (on referral for a preliminary ruling) recently considered whether the Luxembourg law on the procedure applicable to the exchange of information on request in tax matters complied with EU Directive 2011/16/EU and the Charter of Fundamental Rights of the European Union. In particular, the courts examined whether the Luxembourg law complied with the right to an effective remedy set out in the EU directive and the charter.


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