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Portrait ofJulien Robert

Julien Robert

Knowledge Lawyer – Senior Associate | Avocat à la Cour

Contact
CMS Luxembourg
Rue Charles Darwin 5
L-1433 Luxembourg
Luxembourg
Languages English, French

Julien is a Knowledge Lawyer – Senior Associate in CMS Luxembourg Investment Funds practice.

He supports and advises the funds department with legal research, draft of publications and by keeping the team abreast of legal developments in the market.

Prior to joining CMS Luxembourg, Julien gained experience in a top-tier Luxembourg law firm. He was involved in the negotiation of fund documentation with investors and advised clients on (cross-border) fund structuring as well as related regulatory and corporate aspects.

Julien has been admitted to the Luxembourg Bar in 2019.

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Education

  • 2019 - Complementary courses in Luxembourg Law (CCDL), Ministère de la Justice, Luxembourg
  • 2018 - LLM, Corporate and Commercial Law, Maastricht University, The Netherlands
  • 2016 - Bachelor in European Law (Exchange Programme, semester), University of Salamanca, Spain
  • 2016 - Bachelor in European Law, Maastricht University, The Netherlands
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Expertise

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20/11/2024
Newsflash | Greenwashing in green finance: the CSSF warns investors and...
On 15 November 2024, the Luxembourg Commission de Surveillance du Secteur Financier (the CSSF) released a communication to warn the general public about greenwashing risk when investing in financial products. To this end, the CSSF is launching a new dedicated section on its platform www. letzfin. lu (the Letzfin Platform) addressing the growing interest in sustainable financial products and the greater need for awareness. This initiative aims to educate and protect individual investors in the face of increasing green investment opportunities and the potential risks of greenwashing. In its communication, the CSSF defines “gre­en­wash­ing” as “a deceptive practice whereby some companies present themselves as more sustainable than they actually are, misleading investors into believing that their money is being used to benefit the environment, when this is not always the case”. While calling on individual investors to remain vigilant, the CSSF invites them to be critical and not to blindly rely on labels and sustainability promises, and provides several key re­com­mend­a­tions:The fact that the name of a financial product mentions some sus­tain­ab­il­ity-re­lated term does not automatically mean that these characteristics are fulfilled. It is therefore important to thoroughly examine each financial product’s green char­ac­ter­ist­ics;Vague sustainability promises should be scrutinised and sustainability reports should be reviewed to make sure that concrete actions are taken to achieve the stated goals;The credibility of any mentioned green label or certification should be independently verified;A diversified portfolio of investments can help mitigate the risk of exposure to greenwashing; andSeeking advice from financial advisors specialising in sustainability can help investors select the appropriate financial products. On the Letzfin Platform, the new section is designed to provide valuable resources and information to help investors navigate the complexities of sustainable investing, including inter alia educational materials, tools for assessing green investments, and up-to-date information on sustainable finance regulations and best practices. Some key elements are worth noting:1)    On the Letzfin Paltform, the definition of “gre­en­wash­ing” is closely related to the common understanding published by the European Supervisory Authorities in their progress report on greenwashing[1] i.e. “a practice where sus­tain­ab­il­ity-re­lated statements, declarations, actions, or communications do not clearly and fairly reflect the underlying sustainability profile of an entity, a financial product, or financial services.”This definition is broad and covers all types of greenwashing, including unintentional greenwashing, and at different stages of the business cycle of financial products or ser­vices.2)    Explanations on other related terms are also given. For instance, “green­hush­ing” (or “strategic silence”) is used to refer to the refusal to communicate about the true level of sustainability of a product due to the fear of not doing enough or of losing investors fearing lower profitability, whereas “green­wish­ing” refers to the situation where ambitious sustainability goals are set and hardly met by the business. A list of different terms is available on the Letzfin Plat­form.3)    An educational video and set of FAQs are available to address key questions in the investment decision, such as:How to recognize greenwashing? Recommendations focus on the different strategies used (eg. use of misleading terms, inaccurate, vague or incomplete information, lack of concrete proofs, etc.);How can greenwashing be sanctioned? Sanctions are based on misleading commercial practices. However, it is noted that even if the practices are not sanctioned, greenwashing will likely impact the reputation of the entity against which greenwashing allegations are pursued; andHow to assess if a product is really sustainable? Investors are recommended to assess (i) what the sustainable objectives are, (ii) what criteria are used to measure the sustainability, (iii) whether the objectives are really attained, and (iv) whether there is the intervention of a third party to validate the information. Although aiming to be educative and to raise investors’ awareness, the communication of the CSSF confirms the willingness from the regulator to fight against greenwashing behaviours and ensure a sound sustainable financial market within Luxembourg and beyond. To consult the new section on the Letzfin Platform, please click here. If you are interested in sustainability investing and want to engage on this topic, please do not hesitate to reach out to our experts Aurélien Hollard, Julie Pelcé or Julien Robert.[1] ESMA progress report of 1st June 2023 ESMA30-1668416927-2498 Progress Report on Greenwashing
30/10/2024
Newsflash | CSSF Circular 24/863 on funds’ names using ESG- or sus­tain­ab­il­ity-re­lated...
On 21 October 2024, the Luxembourg Commission de Surveillance du Secteur Financier (CSSF) published a communication informing market participants of the publication of Circular 24/863, implementing ESMA’s...
23/10/2024
How are Luxembourg securitisation vehicles affected by the NPL Law?
On 12 July 2024, the Luxembourg Parliament adopted the draft bill No. 8185 (the NPL Law) transposing Directive (EU) 2021/2167 regarding credit servicers and credit purchasers entered into force on 28...
17/10/2024
The Council adopts the Listing Act
On 8 October 2024, the Council of the European Union (the Council) adopted the package of measures known as the “Listing Act” (the Act), following the provisional agreement reached with the European...
26/07/2024
The EU Commission publishes final RTS on ELTIF 2.0
BackgroundOn 19 July 2024, the European Commission (EC) published final regulatory technical standards (the Final RTS) under the amended ELTIF Regulation (so called “ELTIF 2.0”). This publication...
25/07/2024
AIFMD II: ESMA launches two consultations on liquidity management tools
I. BackgroundThe current environment of global uncertainty, marked by significant events such as armed conflicts and drastic changes in interest rates, has considerably amplified the importance of liquidity...
25/07/2024
AIFMD II: ESMA launches two consultations on liquidity management tools
I. BackgroundThe current environment of global uncertainty, marked by significant events such as armed conflicts and drastic changes in interest rates, has considerably amplified the importance of liquidity...
25/07/2024
The EU Commission publishes final RTS on ELTIF 2.0
BackgroundOn 19 July 2024, the European Commission (EC) published final regulatory technical standards (the Final RTS) under the amended ELTIF Regulation (so called “ELTIF 2.0”). This publication...
18/07/2024
ESAs’ final reports on Greenwashing in the financial sector
Back­ground­Man­dated by the European Commission (the “EC”) in May 2022, the European Supervisory Authorities (“ESAs”) published their individual final report (the “Final Report”) on greenwashing...
05/07/2024
ESAs’ final reports on Greenwashing in the financial sector
Back­ground­Man­dated by the European Commission (the “EC”) in May 2022, the European Supervisory Authorities (“ESAs”) published their individual final report (the “Final Report”) on greenwashing...
24/06/2024
ESAs propose improvements to the SFDR and suggests introducing categories...
BackgroundOn 18 June 2024, the three European Supervisory Authorities (EBA, EIOPA, and ESMA, collectively known as the ESAs) published an opinion (the Opinion) on the evaluation of the Sustainable Finance...
20/06/2024
ESAs propose improvements to the SFDR and suggests introducing categories...
BackgroundOn 18 June 2024, the three European Supervisory Authorities (EBA, EIOPA, and ESMA, collectively known as the ESAs) published an opinion (the Opinion) on the evaluation of the Sustainable Finance...