Introduction The concept of transfer pricing has been a recurrent theme when it comes to establishing fair competition and tax rules at the international level. To tackle this issue, the OECD established various guidelines such as the Transfer pricing guideline and the action plan on base erosion and profit shifting. Those international guidelines and action …
Author Archives: dominocommunication
Detention money laundering, a Luxembourg specificity.
The Luxembourg penal code has a specific feature that is absent from French law and many other European laws. In fact, article 506-1 point 3) of the Luxembourg penal code provides for self-blanching and detention. It reads as follows: “those who have acquired, held or used property as referred to in Article 31(2)(1), which is …
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European cyberspace sanctions: a legal arsenal in need of fine-tuning?
The landing on the tarmac of an opponent of the Belarussian regime with the more or less tacit consent of Russia has prompted Europe to question its relationship with Russia. It has to be said that the greatest threat to Europe and its NATO allies remains Russia. This is all the more true for the …
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My driver’s license has been withdrawn. What can I do?
Withdrawal of a driver’s license is equivalent to a driving ban. Within 8 days of the withdrawal (Saturdays, Sundays and public holidays are not included), you will be notified of a temporary driving ban order issued by the examining magistrate. This order conditions the withdrawal of the license. On the basis of the examining magistrate’s …
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Pledges under Luxembourg law: case law and developments
The law of August 5, 2000 on financial collateral arrangements establishes a legislative framework for the various types of security. This is a very important text, since it reflects the legislator’s genuine desire to give concrete form to the legal security of lenders. In this section, we will look at two recent case law decisions …
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Transposition: Capital Requirement Directive V / CRD V – Gender Equality
Capital Requirement Directive V / CRD V – Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures (known as “Capital Requirement Directive V” or “CRD V”). …
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The “tax rulings” mechanism – commentary on the CJEU decision of May 12, 2021
On May 12, 2021, the CJEU handed down two rulings in the context of the “Tax rulings” granted by Luxembourg. The verdict was not similar. The tax ruling granted by Luxembourg to Engie was deemed incompatible with European law, while that granted to Amazon was not considered to be state aid. A tax ruling, also …
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Compliance: an asset or a hindrance to development in West Africa.
Reducing Africa’s annual capital flight by $88.6 billion would enable the continent to meet half of its sustainable development financing gap, according to the UNCTAD (United Nations Conference on Trade and Development) 2020 report.1)https://unctad.org/fr/system/files/official-document/aldcafrica2020_fr.pdf The results of this report are very worrying in view of the situation in Africa – considered as a continent rich …
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Drop by drop”, the cartels’ illegal loans
The scale of drug trafficking in Latin America is well known. Many countries are affected by this scourge, including Colombia, Mexico, Ecuador, Venezuela and Honduras. The narco-economy is flourishing and has a real impact on the region’s activities. In this sense, a French parliamentary report estimates that 10 to 12 billion dollars are collected …
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Warning at work: IMPACT
The warning is a reprimand from the employer to the employee, a forewarning from the employer to encourage the employee to change his behaviour. By issuing a warning, the employer gives the employee a second (or additional) chance, avoiding termination of employment. The employer, who issues a warning to punish the employee for a fact, …