Parents wishing to exercise their right to a second parental leave must notify their employer of their request by registered mail with acknowledgement of receipt, at least four months before the start of the parental leave (article L.234-46 (2) of the French Labor Code). Your employer does not have the right to give you notice …
Category Archives: Media Articles
Adoption law in Luxembourg, summary
Kaufhold & Réveillaud supports the fight against homophobia and transphobia, and takes this opportunity to review the adoption rights of homosexual couples in Luxembourg. Enjoy your reading! COMPETENT COURT : An adoption application may be submitted to the Luxembourg courts when : the adopter(s) reside(s) in the Grand Duchy of Luxembourg, the adopter(s) reside(s) abroad, …
Wage garnishment, focus on the procedure
The Grand Ducal regulation of January 15, 2021, which took effect on January 29, 2021, has simplified and accelerated the wage garnishment procedure. The wage garnishment procedure is still initiated by petition to the Tribunal de Paix, which issues an authorization order when the claim underlying the wage garnishment appears justified. However, since the January …
My driver’s license has been withdrawn.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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Living with pre-emption rights
Although the right of pre-emption can have different sources (it can be stipulated in a contract, or arise from a particular situation such as joint ownership or tenancy), in real estate matters there is a pre-emptive right of legal origin. Whether it’s a neighbor looking to buy adjacent plots to expand his land or a …
Prepare your case well to increase your chances of winning at trial
Litigants are often reluctant to consult a lawyer. After the question of cost, a particular concern is often the question of opportunity. In absolute terms, there’s never a bad time to consult a lawyer. Indeed, it is during the consultation that all the elements of the case can be considered and the exchange between client …
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Reflections on summary expert appraisals
The year 2020 is special in many ways. Expert reports are often used to gather evidence for future litigation. It’s a useful, even recommended, procedure for preparing for a trial on the merits, but it’s also an approach that can lead to effective, rapid problem-solving solutions. So, even for a defendant who has been taken …
COVID-19 Partial Unemployment: Employer/Employee Q&A (Part 3)
What procedure and how long does it take? Since March 27, 2020, employers or their agents (such as lawyers or trustees) are obliged to submit the application via the internet using the form ad hoc available online via the Myguichet.lu website, using a Luxtrust product (Token, Smartcard or Signing stick) or an electronic identity card. …
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Overcoming COVID-19 Crisis with Big Data
Max Muller, Senior Lawyer, KAUFHOLD & REVEILLAUD, AVOCATS, speaks with RTL on how new technology can help us overcome the COVID-19 crisis: “Even if there are concerns about personal data protection and fundamental rights, we need to balance interests. Everybody wants to stay healthy and everything needs to be done to achieve this aim. Lawyers …
