Arendt Case Review #6 - July 2019 - Arendt Litigation Group

Information about recent decisions of the Luxembourg and/or European courts.
Egalement disponible en français ci-dessous.

30/07/2019

Arendt Case Review is a newsletter designed by Arendt Litigation Group to inform you about recent decisions of the Luxembourg and/or European courts.

 

Contents

 

Civil Liability

Proof

 

Contract interpretation

Silence (no)

 

Commercial law

Ten-year limitation period - Starting point

Apparent Mandate Theory

 

Company law

Cancellation of resolutions of a general meeting

 

Banker's liability

Substituted agent

 

Lease - Insurance

Competence rationae materiae

 

Civil and commercial proceedings

– Estoppel (bar to proceedings)

– Force of res judicata

– Interim proceedings and arbitration clause

– Probationary interim measures

 

Employment law

– Dismissal - Systematic delays

– Incompetence ratione materiae of the labour courts

– Removal with immediate effect of a CEO – delegated to the day-to-day management

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