Appeal, and the deadline that is not one month
One month to the Tribunal administratif in almost every regime, forty days onwards, and no suspensive effect while you contest it.
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The narrated video runs about 45 minutes across the 18 lessons. That is short on purpose: no filler and no reading out of the law, with the work in the transcripts, the sources, the assessments and the artefacts.
Module 4. Sanctions, publication and appeal
Four sanction scales in four laws with a factor of twenty between them, publication by name as the default and the assessment behind anonymity, and the one month deadline that is not one month in every regime. Lesson 4.1, what can be imposed, and on whom. Lesson 4.2, publication, and how long it follows you. Lesson 4.3, appeal, and the deadline that is not one month.
Every instrument this lesson is built from, linked to its official text
Article 63(2) and article 63-5 of the Law of 5 April 1993, article 142(2) of the Law of 17 December 2010, article 52(2) of the Law of 12 July 2013 and article 8-7 of the Law of 12 November 2004 all fix one month. Article 27 of the Law of 11 January 2008 fixes no deadline of its own, so the default of three months in article 13(1) of the Law of 21 June 1999 applies. Article 38 of that same law is the forty day appeal to the Cour administrative, article 37 the requirement that the requete be signed by a lawyer, and article 11 the stay of execution.
- Law of 5 April 1993 on the financial sector Consolidated version published by the CSSF. Article 53 carries the supervisory and investigatory powers, including the duty to state reasons in paragraph 4, article 59 the injunction and suspension powers, article 63 and its lettered articles the sanctions, the coercive fine, publication and the right of appeal, article 63-4 the factors taken into account in setting a penalty, and article 64-2 the reporting of certain sanctions to the European Banking Authority https://www.cssf.lu/en/Document/law-of-5-april-1993/
- Law of 17 December 2010 on undertakings for collective investment Legilux, official publication. Article 148(4) on the sanction scale and article 149 on publication https://legilux.public.lu/eli/etat/leg/loi/2010/12/17/n9/jo
- Law of 12 July 2013 on alternative investment fund managers Legilux, official publication. Article 51 on administrative sanctions and article 52(2) on the appeal to the Tribunal administratif https://legilux.public.lu/eli/etat/leg/loi/2013/07/12/n1/jo
- Law of 12 November 2004 on the fight against money laundering and terrorist financing Coordinated text published by the CSSF. Article 8-4(3) on the sanction scale, article 8-6 on publication and article 8-7 on the appeal https://www.cssf.lu/en/Document/law-of-12-november-2004/
- Law of 11 January 2008 on transparency requirements for issuers Legilux, official publication. Article 27 is the appeal provision, and it fixes no deadline of its own, which is why the default of three months applies to it and to nothing else here https://legilux.public.lu/eli/etat/leg/loi/2008/01/11/n1/jo
- Law of 21 June 1999 on the rules of procedure before the administrative courts Legilux, official publication. Article 11 on the stay of execution, article 13(1) on the three month default period, article 37 on the requirement for a lawyer and article 38 on the forty day appeal to the Cour administrative https://legilux.public.lu/eli/etat/leg/loi/1999/06/21/n2/jo
Module 4. Sanctions, publication and appeal
- Lesson 4.1. What can be imposed, and on whom 2:43
- Lesson 4.2. Publication, and how long it follows you 2:16
- Lesson 4.3. Appeal, and the deadline that is not one month 2:22 · this page
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