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
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.
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.