CMS | Newsletter | September 2017

CMS Newsletter – September 2017

Dear Reader,

After a well-deserved summer holiday, we are pleased to bring you the latest legal news in our September issue, which contains updates on data protection, corporate law, competition, environmental law, public procurement, banking and finance, tax, and Luxembourg law.

Please also check out our new "European M&A Outlook" publication and the upcoming tourism law seminar we are organizing at our Brussels office in October.

We hope you have an enjoyable read.

Tom Heremans
Managing Partner

CMS News

Upcoming seminar

16 October 2017: Les derniers développements en matière de droit du tourisme, CMS Brussels

New publication

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European M&A Outlook 2017

Our new M&A Outlook report provides key insights into how both corporate and private equity (PE) firms are adapting their M&A strategies to a new European landscape, and how they are looking beyond the continent to tap into new geographic, product and customer markets.

Read more



Intellectual Property & Technology

• EU-US Privacy Shield under High Scrutiny
On 18 September 2017, US Secretary of Commerce Wilbur Ross and European Commissioner V?...
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• A (Belgian) regulator's take on what information to include in records of processing activities under the GDPR
On 14 June 2017, the Commission for the Protection of Privacy (“Privacy Commissio...
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Banking & Finance

• Assignment of public procurement receivables simplified – new opportunities for factoring and securitization industries?
In the past, receivables arising from public procurement were not assignable as a matte...
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Corporate and M&A

• Cession de parts de SPRL non entièrement libérés : la Cour de cassation met fin aux controverses
La question de savoir si la cession de parts libère le cédant de sa dette...
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Environment & Energy

• Withdrawal of Fipronil contaminated food products: current state of affairs in Belgium
The discovery of Fipronil residue in chicken eggs due to the use of Fipronil as an inse...
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Competition & EU

• De Belgische Mededingingsautoriteit keurt overname van Thomas Cook Airlines door Brussels Airlines goed
Op 11 september 2017 heeft het Mededingingscollege van de Belgische Mededingingsautorit...
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• European Commission ends corporate tax exemption granted to Belgium and France ports
On 27 July 2017, the European Commission formally requested Belgium and France to aboli...
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• Abuse of dominant position by copyright management organizations collecting excessive fees
The European Commission is generally reluctant to condemn abuses of a dominant position...
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• Belgian subsidies in favour of certain airlines at Brussels Airport
On 18 July 2017, the European Commission very discreetly adopted a negative decision wi...
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Public Procurement & PPP

• Choice of economic and financial standing requirements – more freedom for contracting authorities? Court of Justice’s judgment of 13 July 2017, C-76/16, Ingsteel et Metrostav
In its judgment of 13 July 2017 (case C-76/16, Ingsteel and Metrostav), the Court of Ju...
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• Applicable threshold for the obligation to consider the division of contracts into lots
Article 58 of the Law of 17 June 2016 on public procurement requires all contracting au...
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• Assignment of public procurement receivables simplified – new opportunities for factoring and securitization industries?
In the past, receivables arising from public procurement were not assignable as a matte...
Read more

Tax & Estate Planning

• New Belgian tax measures announced
On 26 July 2017, the Belgian government announced that an agreement on new budget measu...
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• Double taxation of French-source dividends: the end of a long battle won in extremis by the Belgian taxpayer?
The problem of double taxation of foreign dividends received by Belgian residents is...
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• Fund vehicles in Luxembourg and France
The first in our on-going series of fund manager roundtables looked at the latest in fu...
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• Luxembourg introduces cutting-edge space mining law
On 13 July 2017, the Luxembourg Parliament adopted, by a large majority, the bill of la...
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• New provisions regarding immigration in Luxembourg
The law of 8 March 2017 (published on 20 March 2017) (the “Law”) introduces...
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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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