Le colloque « Le droit du procès civil – Etat actuel et analyse des réformes à venir » a attiré plus de 300 participants ce lundi à l’ULB.
The FPS Economy has just appointed, for their legal expertise, Fernand de Visscher as President and Emmanuel Cornu as a member of the Industrial Property section of the Council for Intellectual Property.
In the world of Payments and FinTech, PSD2 has been a hot topic for several years now. Last year was already a crucial year with the transposition deadline of this directive scheduled for 13 January 2018. This transposition gave rise to significant (and by now very well-known) changes such as the introduction of regulation on Account Information Services Providers (AISPs) and Payment Initiation Services Provers (PISPs), commonly referred to as Third Party Payment Service Providers (TPPs).
The most important promise of PSD2, i.e. the instalment of an actual ‘open banking’ payment culture in Europe, was, however, not yet realised by this 2018 implementation.
A number of amendments to the draft law were proposed at the Parliament’s plenary session on 18 December 2018. A new opinion from the Council of State is expected soon.
For an outline of the main changes vis-a-vis the existing regulations, you may refer to the slides prepared by Paul Alain Foriers, Partner in our Corporate M&A department and one of the four legal experts appointed by the Minister of Justice:
La réforme du droit des sociétés - Quelques questions importantes (available in French only).
On 19 December 2018, the Council of the EU and the Parliament reached an agreement on the proposal for a directive on “preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures”. The main objective of the directive is to enhance the rescue culture across EU. To do so, each Member State will be required to introduce into its substantive law effective preventive restructuring frameworks in order to help debtors experiencing financial difficulties to restructure at an early stage, with the objective to avoid insolvency and to improve the return for the creditors.
Since the late 1990s, the Belgian legislator has been referring to the notion of ‘durable medium’ in order to indicate a bearer of information. The concept of ‘durable medium’ originally stems from European consumer law. However, various definitions as well as different use cases, often in combination with a link to paper, could be found spread across a variety of Belgian laws.
The Law of 20 September 2018, harmonising the concept of durable medium, should end this double shortage of legal coherence, with regard to the definition of a durable medium on the one hand and regarding its coexistence with paper on the other.
It happens that traders, operating in one EU Member State, block or limit access to their websites and applications by customers from other member states who would like to engage in cross-border transactions (a practice called ‘geo-blocking’). This, together with the practice of traders applying different general conditions of access to their goods and services or with regard to the means of payment, based on the customer’s nationality, place of residence or place of establishment, forms a barrier to the free movement of goods and services throughout the EU internal market.
The competent committee of the Parliament adopted the draft new Code of Companies and Associations on second reading.
For an outline of the main changes vis-a-vis the existing regulations, you may refer to the slides prepared by Paul Alain Foriers, Partner in our Corporate M&A department and one of the four legal experts appointed by the Minister of Justice: La réforme du Code des sociétés - Quelques questions importantes (available in French only).