Insurance Law & Reinsurance Law
Our insurance law team regularly advises major insurance and re-insurance companies operating in the European market on regulatory matters and represents them in their dealings with the insurance regulatory agency in Luxembourg (the “Commissariat aux Assurances”) as well as ensuring compliance with applicable rules during corporate restructuring.
Our team also assists in the review of insurance contracts including general terms and conditions.
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.
Corporate and International Tax Advisory
Our practice covers all aspects of tax planning, structuring financial transactions for optimized tax results and monitoring the creation of local corporate or fund vehicles and financial instruments to achieve the expected outcome under local tax legislation, bilateral tax treaties and EU rules.
We employ this knowledge for the benefit of multinational corporate groups, institutional and private investors and high net worth individuals alike.
We have significant experience in international group restructuring and help domestic businesses and multi-national companies to manage their tax burdens and risks by providing truly independent advice.
We always consider the economic consistency of the structure vis-à-vis transfer prices and local functional substance in the countries involved to detect vulnerabilities to potential challenges by local or foreign tax authorities and to provide clients with an effective solution.
The members of our tax team have a transversal knowledge of the different legal and economic aspects involved with respect to a wide range of investments, allowing a total optimization in all areas with respect notably to an M&A restructuring or a private equity deal and by also assisting our others departments dealing with problematics implicating tax aspects.
Indirect Taxes and VAT
We provide specialty advice to banks, undertakings for collective investment, private equity and institutional investors to address the continuous evolution of VAT case law and administrative practice following the BBL, Abbey National and GFKL cases, and the consequence of being regarded as VATable or not in a cross-border context.
Registration duties, which in Luxembourg are rooted in legislation dating back to 1796, must also be continuously kept in mind when drafting documentation for most financing transactions.
Our Tax team monitors the rules, rates and jurisprudence (European Court of Justice or national courts); it advises on indirect tax strategies that manage the impact of these taxes on the company and represents companies before the indirect tax authorities.
Administrative 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.
EU Law - Competition Law & Antitrust
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 and regularly represents companies before the Luxembourg competition council. 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 Bonn Schmitt in European law enables it to effectively defend the interests of international and Luxembourg companies. Our team is also 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
Our team of criminal lawyers advises and represents clients before national and international criminal courts, during all phases of criminal proceedings, both for their defense and as civil parties - victims.
We provide effective assistance and defense in all criminal matters and more generally we also advise in the prevention of a risk in criminal matters.
Cédric BELLWALD is recognised for its expertise in Criminal Law in general, and particularly in the field of White Collar Crime.
The criminal expertise of the firm includes anti-corruption and anti-money laundering issues, mutual legal assistance (MLA), seizure of funds/bank accounts, misappropriation of funds, market abuse, corruption and fraud (including tax fraud).
The law firm also advises directors of companies, particularly professionals of the financial sector, with respect to the expanding criminalisation of economic and commercial activities, particularly financial activities, which require special supervision and assessment.
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).
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).
Our team has developped significant experience in data protection issues and assists its clients in the implementation of the General Data Protection Regulation (GDPR), which came into force on 25 May 2018 and represents its clients before the National Data Protection Commission.
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
The firm is member of APDL (Association pour la protection des données au Luxembourg).