CMS | Newsletter | June 2018

CMS Newsletter – June 2018

We have been deeply saddened by the loss of Jean-Marie De Backer on 16 June 2018. Our founding partner in 1987 and a driving force behind the merger with CMS in 2005, we owe him the success of our firm as we know it today. To many among us, he was a colleague and a mentor and last, but foremost, he was our friend. His kindness, sensitivity, brilliance and unparalleled aura will be sorely missed. Our thoughts go out to his friends and family.

In this newsletter, we bring you the latest legal news on retail and consumer products, technology, banking and finance, corporate law, real estate, competition, public procurement, employment and Luxembourg law. Please also check out the new book, just published by Larcier, “Jaarboek Omgevingsrecht”, edited by our colleague Gregory Verhelst, specialist in environmental law. The book covers various topics on environmental law, including the environmental permit for the parcelling of land.

We hope you have an enjoyable read.

Kind regards,

Tom Heremans
Managing Partner

CMS News

New book:



Jaarboek Omgeving TeRecht 2017

This book (in Dutch), edited by CMS environmental law specialist, Gregory Verhelst, covers a number of carefully selected environmental law topics, such as the recent evolutions regarding the environmental permit for the parcelling of land, the changes to the Soil Decree and the case law concerning mobile phone masts. The book is available now via Larcier.

Read more

Retail & Consumer Products

• Il n’existe pas encore de règles spécifiques encadrant les publications en ligne des influenceurs
Le 15 mai 2018, le SPF Economie a publié un ensemble de lignes directrices desti...
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Intellectual Property & Technology

• CJEU rules that Louboutin's red sole trade mark is not a shape trade mark
On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judgement in ...
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Banking & Finance

• SMEs about to get facilitated access to financing: a new prospectus exemption
The Belgian government recently endorsed a series of legal initiatives jointly tabled b...
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• EU temporary measures on CFDs and binary options
On 22 May 2018, the European Securities and Markets Authority (“ESMA”) adop...
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Corporate and M&A

• Une protection accrue des PME: imposition d’un délai maximum de paiement
Le 2 mars 2018, un projet de loi modifiant la loi du 2 août 2002 sur la lutte con...
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Real Estate & Construction

• Bail de résidence principale en Flandre: nouveautés à partir de 2019
L’avant-projet du décret flamand instaurant le nouveau régime en ma...
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Competition & EU

• No gun jumping in EY case says ECJ
The Court of Justice of the EU has ruled that Ernst & Young (“EY”) did ...
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• Competition law and algorithms: the Luxembourg Competition Council exempts a booking platform in the taxi sector
Algorithms is the hot topic in competition law. In June 2017, the OECD published a pape...
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• EU General Court suspends State aid recovery
On 15 May 2018, the President of the General Court ordered the suspension of the operat...
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Public Procurement & PPP

• L’arrêté royal réparation du 15 avril 2018[1]: ce qui change dans vos Cahiers des charges
Clauses relatives à la passation du marché (AR d...
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• ESPD required on submission of tender
Two recent Belgian Council of State judgments clarified the consequences for tenders su...
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Employment & Pensions

• Social inspectorate goes mystery shopping to combat discrimination
As of 1 April 2018, federal social inspectors can go ‘mystery shopping’ in ...
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• Football, England-Belgium: 15-15
15-15 is an unlikely score for the football match between England and Belgium on 28 Jun...
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• Travelling time of mobile employees may be fully paid
The European Court of Justice (“ECJ”) ruled in the Tyco judgment (ECJ C-266...
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• Amendments to the Benelux convention on Intellectual Property
The Benelux Convention on Intellectual Property (BCIP) has been amended as of June 1st....
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• Additional transparency obligations for Luxembourg taxpayers: defensive measures in relation to the EU list of non-cooperative jurisdictions
On 7 May, 2018, the Luxembourg tax authorities issued a new circular “Circular LG...
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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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The information contained in this newsletter does not constitute legal advice.
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