Luxembourg Law Firm MOYSE BLESER

Quality - Commitment - Passion

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Niche practice areas

European Law – Competition Law – Sectoral Regulation

Most of the legislation comes from the transposition of European Union (EU) directives and regulations. A thorough knowledge of EU law is an important asset to advise and defend the interests of the firm’s clients.

The firm’s team advises on all aspects of EU law, a subject in full development, and pleads cases before the Court of Justice of the European Union on the Kirchberg plateau, in Luxembourg.

Gabriel BLESER is one of the few Luxembourg experts in EU and Luxembourg competition law. He was the first general rapporteur of the Competition Inspectorate in 2004. Our Team advises on cartels, leniency applications, abuse of dominant position, joint ventures, distribution and licensing contracts, claims for damages, European and Luxemburgish merger control, state aid. It also assists clients in procedures before the Competition Council in Luxembourg.

We assist our clients in investigations conducted by the European Commission and the Luxembourg Competition Council, as well as in the case of sector inquiries, market studies and surprise inspections of cartels. We conduct audits in the area of competition law, develops competition compliance programmes, trains and prepares its clients who are confronted with such investigations and inspections.

The significant experience of MOYSE BLESER in European law enables it to effectively defend the interests of international and Luxembourg companies. Our team is involved in sectoral regulation, particularly in the energy (gas, electricity) and transport sectors and represents clients before the Luxembourg Regulation Institue (ILR).

Our lawyers have particular knowledge of proceedings before the European Court of Justice, the European Union Tribunal, the European Commission and the Luxembourg Competition Council.

Our expertise in European Law and the procedural rules specific to these jurisdictions is a key factor in defending our clients' interests.

Economic Criminal Law – International Criminal Law

Cédric BELLWALD is recognised for its expertise in Criminal Law in general, and particularly in the field of White Collar Crime.

Our team of criminal lawyers advises and represents clients before national and international criminal courts, during all phases of proceedings, both for their defense and as civil parties.

The criminal expertise of the firm includes money laundering issues, international legal assistance, embezzlement, market abuse, corruption and fraud. The law firm also advises directors of companies, particularly professionals in the financial sector, against criminalisation of expanding economic and commercial activities, particularly financial activities, which require special supervision.

Data Protection Law

MOYSE BLESER has specialised in data protection and assists its clients in the implementation of the General Data Protection Regulation (GDPR), which came into force on 25 May 2018 and Me BLESER is a member of APDL (Association pour la protection des données au Luxembourg).

Given the possibility for the National Data Protection Commission to impose fines of up to 4% of turnover, it is important that companies act in accordance with the GDPR.

We carry out audits and offer tailor-made solutions adapted to the size of the company and your needs.

Our team assists in the compliance with the said Regulations. This includes:

  • advice on the drafting and negotiation of contracts and general conditions
  • data security consulting
  • the establishment of processing registers
  • the adaptation of your employment contracts, internal regulations and confidentiality policies
  • the defence and representation before the NCDP and/or before the courts

Private International Law

Our firm has developed significant experience in private international law, particularly in the field of recognition and enforcement of foreign decisions in Luxembourg and international successions.

Our firm assists in the recognition of foreign decisions (court decisions or arbitral awards) and its enforcement on Luxembourg territory. In this respect, the study has experience in exequatur proceedings relating to foreign decisions rendered against foreign States and has been confronted, on several occasions, with arguments relating to immunity from jurisdiction and immunity from execution of foreign States and their emanations.

Our team, composed of a lawyer who has passed the notary's examination, advises on inheritance law and also knows how to assist our clients in international successions and how to recognize and defend your rights in relation to both national and international successions.

In general, the law firm advises in all matters relating to private international law (applicable law, competent courts, etc.).

General practice areas

Dispute Resolution – Litigation

The firm advises Luxembourg and international clients in complex litigation.

The significant experience in the field of dispute resolution and the understanding of European and Luxembourg case law makes the firm a privileged partner to advise and represent clients before all Luxembourg jurisdictions. The practice of litigation includes representation and assistance before the highest courts of Luxembourg, as well as before the Court of Justice of the European Union (Luxembourg) and the European Court of Human Rights (Strasbourg).

The field of litigation requires not only a thorough knowledge of legislation in all areas, but also a long-term experience as well as an adapted strategy, which the law firm is able to provide.  Our lawyers adopt a pragmatic and effective approach and always favour an out-of-court solution to lengthy court proceedings, such as arbitration or mediation.

The firm also advises on civil liability: tort and contractual liability, including liability under common law, liability of bankers and professionals in the financial sector, liability of manufacturers (judicial expertise, failure to respect delivery times, defects and faulty workmanship, …), responsibility of doing things, responsibility of the constituents because of their agents, responsibility for defective products, etc.

Administrative Law – Public Law – Administrative Litigation

Our lawyers have significant experience in advising and litigating in public and administrative law.

We defend the interests of our clients before the administrative courts, as well as before the Constitutional Court, facing decisions issued by national authorities or municipal or semi-state bodies.

The law firm has a solid experience in the public sector law on a national level (civil servants and employees of national and municipal administrations), such as on the European level.

We advise authorities, individuals and companies on all matters relating to public bodies.

Our lawyers continue to provide assistance to the public sector accountability regime and advise economic actors on public procurement issues and procedures.

Company Law – Mergers & Acquisitions – Commercial Law

The firm supports the clients during national, cross-border and multi-jurisdictional transactions in Company Law and Mergers & Acquisitions.

MOYSE BLESER advises its clients generally on Company Law as well as on acquisitions, corporate restructurings, public and private offers, mergers and divestments, asset disposals and disposals of shares in companies (Share and asset deals) with due diligence, joint ventures, liquidations, corporate governance and compliance with applicable rules, liability of directors and other corporate bodies, as well as business financing.

Its Company and Mergers & Acquisitions team assists its clients in drafting and negotiating documentation relating to their operations, including due diligence; the creation of special vehicles in the context of the structuring of investments and business activity, the purchase or sale of real estate, the creation of charges and guarantees of all types; Emphyteutic leases and surface rights, as well as corporate financing (including legal advice required for such transactions).

In addition, the firm ensures regular monitoring of your corporate structures, organises the holding of general meetings and of boards of directors or supervisory boards.

MOYSE BLESER also offers its clients corporate domiciliation services.

The firm also advises its clients on company law and can assist and advise on contract law: negotiation, analysis, drafting and review of various types of contracts of a civil and commercial nature or drafting legal opinions.

Labour Law – Social Law

The lawyers of the firm advise and represent clients in labour law and social security law.

 Gabriel BLESER assists and advises both companies and employees, employee representatives and associations throughout an employment relationship and he is the Luxembourg representative in matters of labour law of the IRGLOBAL network.

We support our clients through to the conclusion of employment contracts

(Probationary period, fixed-term contracts, indefinite period contracts, contract clauses), the execution of the employment contract, and in the event of termination of the employment contract (dismissal, resignation, termination by mutual agreement).

We also intervene as a preventive measure when it comes to negotiating complex issues with staff, employee representatives and trade unions, including collective redundancies and social plans.

We assist companies in their administrative procedures.

The firm represents and assists its clients before the labour courts of the Grand Duchy of Luxembourg.

Real Estate Law – Construction Law – Urbanism Law

Our team advises on real estate law, construction law and urbanism law.

We advise all actors in the real estate sector, namely: owners, lessors, tenants, trustees, real estate agents, developers, contractors and architects and engineers, in all their projects from A-Z, on liability (legal, contractual and tortious), drafting mandates, company contracts, subcontracting contracts and temporary partnership contracts.

We advise real estate professionals and non-professionals on all their conflict and non-conflict situations as well as in their dealings with public administrations. We represent our clients' interests before the administrative and Luxembourg courts.

In the field of construction law, we advise more specifically on construction site litigation and the liability of builders and insurers.

In real estate law, we advise on the drafting and negotiation of leases (residential leases, professional leases, firm leases), occupancy agreements, sureties and guarantees, sub-leasing, assignment, renewal, termination, judicial determination of rents and eviction and occupation indemnities. We also advise on rent and expense recovery litigation.

Finally, our team also advises on urban planning, in particular in the context of the establishment and modification of development projects (PAP establishment or modification, PAG modification, assistance for claims, project management assistance, environmental law, etc.), building permit applications, changes of use, classified establishments (commodo-incommodo). We regularly take action before administrative and civil courts in this area.

Investment Funds – Securitisation Vehicles

Investment Funds

The firm advises on investment vehicles and assists clientele both nationally and internationally, in all the stages necessary for the realisation of its projects while taking into account all the regulatory, strategic, commercial and operational constraints.

Cédric BELLWALD has extensive experience in the implementation of all types of investment vehicles (UCITS, OPC, SIF, SICAR and RAIF) and for all asset classes.

The firm offers promoters, fund initiators and fund managers high quality advice, including:

– Structuring, approval and launching of investment vehicles;

– Determining investments and eligible strategies, drafting of the legal documentation of the investment vehicle in order to obtain the approval of the supervisory authority;

– Regulatory compliance and risk management;

– Merger and restructuring of investment vehicles (or sub-funds);

– Negotiation and review of contracts to be concluded with service providers of the investment vehicle;

– Liaison with the Commission de Surveillance du Secteur Financier (“CSSF”, Financial Regulator);

– Dissolution and liquidation of investment vehicles (or sub-funds).

We also advise and represent the interests of investment vehicles in judicial and extrajudicial proceedings that may arise in the course of their operation.

Securitisation Vehicles

MOYSE BLESER also offers personalised advice on securitisation. The firm is able to provide advice on a wide range of securitisation transactions and across a wide range of asset classes.

TMT – IP

The firm has developed specific expertise in telecommunications law and also advises in the field of media law, including new technologies and intellectual property.

It also advises on, biotechnology, counterfeiting and consumer law (including drafting of general conditions) and intervenes for its clients before the National Data Protection Commission.

The firm is a member of APSI (Association of Professionals of the Information Society) and of the AIPPI (Association Internationale pour la protection de la Propriété Intellectuelle).

Insurance Law – Reinsurance Law

Our Insurance & Reinsurance team advises, accompanies and defends all players in the life and non-life insurance market (insurers, reinsurers and intermediaries) in all their needs:

  • Review and drafting of cooperation agreements, including with foreign actors (including London market insurers' binders);
  • Review and drafting of contractual elements (general conditions, personal provisions, annexes);
  • Assistance in the examination of claims and coverage decisions;
  • Assistance and support in the exit of the various players from the market (run-off, portfolio transfer, liquidation);
  • Defence before national and arbitral courts and administrative authorities.

Our team will be able to advise you usefully to prevent any future difficulty or to resolve any ongoing litigation, both with regard to the insured and other actors or partners, in a national or international context.

Our International Connections

The firm can assist its clients abroad and in cross-border transactions thanks to its membership of 4 international networks:

EALG is an association of experienced and well-known law firms in their respective jurisdictions, which was founded in 1985. EALG’s goal is to provide high quality legal services to its clients by co-operating closely with other like-minded firms in more than 30 different countries, who have local knowledge and local networks to provide any forms of services needed.

LIBRALEX is a network of law firms created in 1992 and located in the main international business centres. The clients of LIBRALEX firms benefit from local representation with international access.

IR GLOBAL is a multi-disciplinary professional services network that provides advice to companies and individuals in over 155 jurisdictions.

VOGEL & VOGEL GLOBAL COMPETITION NETWORK is a network of 59 specialist firms worldwide and is the only competition network recognized by Chambers Global 2017 and 2018 and is ranked in band 1. Our clients may benefit from the services provided by the Network, a privileged introduction to the leading competition specialists

International Map

News

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COVID-19: News: Droit du travail

COVID-19 : Nouvelles obligations pour les employeurs et les salariés en matière de sécurité et de santé au travail et prolongation de la période de protection contre le licenciement en cas d’incapacité de travail Dans le cadre de la crise sanitaire liée au COVID-19, le gouvernement a adopté le 17 avril dernier deux règlements grand-ducaux, dont l’un vise à introduire de nouvelles obligations aux employeurs et aux salariés en matière de sécurité et de santé au travail (1.) et l’autre vise à prolonger la période de protection de 26 semaines contre le licenciement du salarié en incapacité ... LIRE LA SUITE CLIQUEZ ICI

Apr 24, 2020 G.Bleser
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Covid - 19

Covid -19: Ensuring safety of our people and continuation of our services to our clients...read more here

Mar 17, 2020 A.Guillaume
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Faut-il faire autoriser des colocations par le bourgmestre ?

ll n’est pas rare que des propriétaires de maisons unifamiliales aménagent ces immeubles afin d’y accueillir des colocations. Cependant, plusieurs communes luxembourgeoises s’y opposent et soit interdisent des colocations sur leur territoire, soit demandent aux propriétaires de solliciter des autorisations afin de pouvoir utiliser une maison unifamiliale aux fins de colocation. Toutefois, la pratique de ces communes n’est pas conforme à la législation luxembourgeoise, et ceci même après l’entrée en vigueur en date du 1er janvier 2020 de la loi du 20 décembre 2019 relative (lire la suite: cliquez ici)

Feb 24, 2020 G.Bleser

Contact

Etude MOYSE BLESER S.à r.l.
10, Rue de Vianden
L-2680 Luxembourg
Adresse postale: B.P. 4150 – L-1041 Luxembourg

Contact
E-mail : contact@moysebleser.lu
Téléphone : +352 20 600 630
Fax : +352 20 600 631
Site web : www.moysebleser.lu

Contact us

Career

The MOYSE BLESER law firm is always looking for new lawyers.

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