European Union: Corporate/Commercial Law

Cyprus has repealed its 2017 guidance on Administrative Service Providers under FATCA and CRS, effective immediately with no transitional period. The new interpretation under paragraph 10ter of the Consolidated CRS means that entities like corporate trustees and nominee companies must now count all remuneration for their services in gross income tests, even when fees are paid to other entities in the structure rather than directly to them.

The concept of hand-to-hand gifts exists in both Belgian and French law, but carries distinct legal meanings and tax implications in each jurisdiction.

Family businesses face complex challenges when transferring wealth and control across generations. This analysis explores the intersection of legal structures and family dynamics that determine whether succession planning succeeds or fails, examining how trusts, foundations and governance frameworks can preserve business continuity while managing intergenerational relationships.

The Irish High Court has clarified the scope of statutory exemptions under the Data Protection Act 2018, ruling that organisations can legitimately refuse data subject access requests when legal privilege, client confidentiality, or litigation interests are at stake. This landmark decision establishes clear boundaries between different exemption provisions and confirms their compatibility with GDPR Article 23, providing much-needed guidance for organisations navigating complex disclosure obligations.

The Irish High Court has addressed a fundamental question about legal advice privilege in corporate law: can a company assert privilege against its own shareholders? This decision examines the controversial 'shareholder rule' and its compatibility with the principle of separate legal personality established in Salomon v Salomon, following the Privy Council's recent rejection of this rule in England and Wales.

France has enacted Law No. 2026-122, establishing a groundbreaking confidentiality regime for in-house legal counsel opinions, addressing a longstanding competitive disadvantage faced by French companies in cross-border disputes.

Arthur Cox unveils its refreshed 2026-2028 Equity, Diversity and Inclusion strategy, building on established foundations through four key pillars focused on gender, sexual orientation, race and ethnicity, and disability and neurodiversity. The firm emphasizes practical approaches to recognizing and supporting difference while maintaining transparency and accountability in delivering on its inclusion ambitions.

Arthur Cox's sixth annual Sustainable Business Impact Report details the firm's progress across Community, Workplace, Environment and Marketplace initiatives during the 2025/26 financial year. The report reveals increased volunteering hours, substantial pro bono contributions, new charity partnerships, and mixed results in carbon reduction efforts as the firm expands its environmental measurement scope.

Two young women launched an Instagram account to foster inclusion and understanding of marginalized groups in German society, quickly attracting corporate attention for diversity workshops. As their platform grew to over 75,000 followers, they sought to transform their social media presence into an official nonprofit organization. McDermott's legal team provided pro bono counsel to guide them through the complex startup formation process in Germany.

Malta's Companies Act prohibits companies from providing financial assistance for the acquisition of their own shares or those of their parent company, but private companies can circumvent this restriction through a 'whitewash procedure.' This article examines the scope of the prohibition, the rationale behind capital maintenance rules, and the practical steps required to lawfully provide financial assistance in M&A transactions.

The focus was firmly on practice. The discussions moved from the Business Judgement Rule and important Austrian Supreme Court decisions, including the “Fake CEO” decision, to the fraud triangle, whistleblowing and the role of a robust compliance organisation in protecting both companies and their decision-makers.

The September edition of our newsletter covers the latest political, legal and economic developments of particular relevance to German companies operating in the Netherlands.