CMS | Newsletter | January 2018

CMS Newsletter – January 2018

Dear Reader,

We hope that your new year has gotten off to a good start. As always, we are pleased to bring you the latest legal news in our monthly newsletter, which contains updates on banking and finance, competition, employment, healthcare, intellectual property, real estate, tax and Luxembourg law.

I take this opportunity to inform you that Virginie Frémat has been promoted to associate partner. Virginie has extensive experience in corporate law and corporate litigation (post M&A litigation, D&O liability issues and disputes between shareholders). Virginie has also built a practice in insurance law (complex litigation, coverage advice and policy drafting). She regularly advises clients in respect of judicial reorganizations, bankruptcies and acquisitions of companies in difficulty.

Virginie joined CMS’ Antwerp office in 2006. She has a law degree from the Katholieke Universiteit Leuven (2005) and holds a postgraduate degree in business law (Université Libre de Bruxelles).

Have an enjoyable read.

Tom Heremans
Managing Partner


Intellectual Property & Technology

• Brussels Court of Appeal decides that Aldi’s Buval Pilsner does not infringe InBev’s Jupiler Pilsner
In a decision of 12 December 2017 the Brussels Court of Appeal overturned the first ins...
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Banking & Finance

• Reform of security interests over movable assets: is your Belgian collateral under threat?
The reform of security interests over movable assets finally took effect on 1 January 2...
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• Changes to Belgian SME financing law relevant to financing transactions
A new Law dated 21 December 2017 amends the Belgian Law relating to the financing of sm...
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Real Estate & Construction

• Les différences entre la Belgique et la France concernant les baux commerciaux : analyse comparative pratique pour les opérations transfrontalières
Issu d’une loi du 30 juin 1926, le statut des baux commerciaux français a ...
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Competition & EU

• Qualcomm fined for abusing exclusivity rebates
Qualcomm has been fined nearly EUR 1 billion over an exclusivity agreement with Apple. ...
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• No gun jumping in Ernst & Young merger case
In a ruling that threatens to impact the interpretation of “gun jumping” in...
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• European Commission public consultation on EU funds for strategic infrastructure
This year, the European Commission must present proposals for the financial programmes ...
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• Transfer of Air Berlin assets: easyJet cleared right away, Lufthansa cleared after making commitments
In August 2017, Air Berlin filed for insolvency. Air Berlin's insolvency administra...
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• European Commission assesses adequacy of General Food Law in food and feed industry
In an evaluation of the EU legislative framework for the 2002 General Food Law Regulati...
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• New law further supports cheaper prescription drugs
Parliament adopted a new law on 25 December 2017, which has as one of its objectives th...
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Employment & Pensions

• The new profit premium and the CBA 90 bonus
As announced in our December 2017 newsletter, the Law of 25 December 2017 establishes a...
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• Non-Recurring Result-tied Benefits excluded in Collective Dismissal with closure
Since 1 January 2008, employers can grant their employees a "Non-recurring result-...
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Tax & Estate Planning

• Reform of Belgian Holding Regime: How to benefit from eligibility for exemption from capital gains tax on shares
Formerly, capital gains on a company’s shares made by a company were exempt from ...
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• Capital gains on cryptocurrencies: What happens under the Belgian tax regime?
Cryptocurrencies have recently attracted a lot of attention, with many investors seekin...
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• Reform of the employees' extraordinary leave
The law of 15 December 2017, which entered into force on 1 January 2018, has modified e...
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• Reduced VAT rates: a reform that increases the flexibility of EU Member States
Pursuant to Article 100 of the VAT Directive calling on the European Council to review ...
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If you have any ideas or suggestions, please contact us.

CMS DeBacker, Chaussée de La Hulpe / Terhulpsesteenweg 178, 1170 Brussels, Belgium
T +32 2 743 69 00 – F +32 2 743 69 01

CMS DeBacker, Uitbreidingstraat 2, 2600 Antwerp, Belgium
T +32 3 206 01 40 – F +32 3 206 01 50

CMS DeBacker Luxembourg, rue Goethe 3, L-1637, Luxembourg
T +352 26 27 53-1 – F +352 26 27 53-53

CMS DeBacker is a member of CMS, the organisation of independent European law and tax firms. CMS provides a deep local understanding of legal, tax and business issues and delivers client-focused services through a joint strategy executed locally across 39 jurisdictions with 70 offices in Europe and beyond. CMS, which was established in 1999, today employs 4,500 lawyers and is headquartered in Frankfurt, Germany.
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