Bill of law No. 7228 – simplification of access to certain professions in Luxembourg

On 22nd December 2017, the Luxembourg Minister of Economics filed Bill of law No. 7228 (the “Bill”) aiming to amend the Law of 2 September 2011 on access to certain professions, as amended (the “2011 Law”) with the Luxembourg Parliament.

The 2011 Law provides for the requirements to be met by persons who contemplate pursuing certain activities such as commercial or handicraft activities, certain independent activities, as well as the running of a large-scale retail store (i.e. a retail store having a sales area exceeding 400 square metres).

The Bill provides for several measures to ease the current administrative burden with the aim of inducing entrepreneurship in Luxembourg, by notably providing for the deletion of the requirement to hold specific authorisation (autorisation particulière) in the case of running a large-scale retail store.

The purpose of the current delivery process of such specific authorisation is to ensure that the large-scale retail store complies with all applicable rules regarding land use and urban planning. It is a cost-heavy and time-consuming process, and the specific authorisation must be obtained prior to the delivery of any construction permits (where applicable).

Deleting the specific authorisation will thus significantly facilitate access to large-scale retail activities in Luxembourg and should consequently encourage investments in that field.

The Bill further provides for increased ease of access to the activity of economic adviser, which will no longer be a category by itself but will be considered as a commercial activity not otherwise regulated (activité commerciale non autrement réglementée).

If the current provisions of the Bill are adopted, persons wishing to pursue this activity, i.e. economic advisers who do not fall under the scope of investment advisers (a profession regulated under the Law of 5 April 1993 on the financial sector), must obtain a business permit for non-regulated commercial activities, which, pursuant to the Bill, will no longer require proof of professional qualification. Applicants will thus solely have to provide proof of good repute to be established in Luxembourg as economic adviser.

Elvinger Hoss Prussen will monitor the progress of the Bill while it goes through the legislative process.