Wholesale trade

Wholesale business differs from retail business insofar as it only targets a professional customer base, not the private end consumer. Moreover, there is no list on sectors based on article 7 of the law so that the business authorisation may relate to sectors which are not mentioned in the list of retail businesses.

Concerning conditions for access to the profession, these are identical to those which apply to the retail business sector.

Qualification required (art. 7 of the law on business establishment of 1988)

Article 7 of the law on business establishment of 1988 stipulates that the applicant must be qualified in the following cases:

• the applicant holds a Certificate of Technical and Professional Aptitude (C.A.T.P.) in the commercial sector chosen. The former Certificate of Professional Aptitude (C.A.P. remains valid).

• the applicant holds the relevant documents which prove that he holds qualifications which are at least equivalent to the ones mentioned above
  These are in particular foreign qualifications which are comparable to the former Luxembourg C.A.P. and the present C.A.T.P.

• the applicant has fulfilled the conditions of a training course of maximum three years’ duration in the specific subject.
  The Grand Ducal regulation of 12 April 1963 (which has remained in force by virtue of article 28 of the law on business establishment of 1988) specifies that the duration of this training course of maximum 3 years varies according to the type of training of the applicant. The applicant thus has the professional qualification concerned if he takes advantage of :

• 3 years in a wholesale commercial establishment or a retail commercial enterprise of the line of business in which the authorisation is requested if he has no qualification whatsoever

• 2 years in the line of business if he holds the former lower secondary school certificate, the certificate of the 5th class of secondary education or the certificate of the 11th class of technical secondary education

• 1 year’s experience in the sector if he holds the final secondary education diploma

• 3 months in the specific business line if he is an university graduate or holds a diploma from an institute of higher education or a professional school recognised by the State where the school has its registered office.
  Article 7 of the law on business establishment of 1988 moreover stipulates that the training course mentioned in the indents above can be replaced by a successful examination at the end of accelerated training courses (organised by the Chamber of Commerce).

Exemption from the qualification which is normally required in the commercial sector

The authorisation may also be transferred to the spouse, a descent, an ascendant, a collateral relative or a person related by marriage three times removed if the business manager has passed away or benefits either from retirement pension or has a duly certified professional disability (art. 11 of the law on business establishment of 1988)