Litigation

Litigation 2022-04-13T15:42:39+02:00

Our law firm has extensive experience in both pre-contentious and contentious situations in the civil, commercial, administrative and employment spheres.

We always advise our clients in their choice of legal or extra-legal possibilities presenting the greatest chance of success and, when litigation cannot be avoided, we represent and defend our clients before the civil, commercial or administrative courts of Luxembourg as well as before the European courts and/or authorities.

We also regularly apply for urgent or interim measures before the judge sitting in chambers to deal with urgent matters or through ex parte application.

We assist our clients in their national and international affairs through the use of our international network.

Matters in which we have been recently involved include

Protection of the interests of some shareholders

Our firm was called upon to ensure the protection of the interests of some shareholders of a company operating in the mass distribution and property developments before the Luxembourg jurisdictions. Based on our intervention, a temporary administrator has been appointed by the Luxembourg court. In addition, we initiated a criminal complaint before the Luxembourg criminal court towards managers of the relevant company for abuse of corporate assets.

Protection of clients’ interests before the Luxembourg court

Our firm advised and ensured the protection of clients’ interests before the Luxembourg court in a case where our client arranged the sale of shares it held in a Luxembourg investment fund. The transaction was completed but the Luxembourg depositary bank of this fund did not pay our client the agreed price while invoking the Madoff Fraud. Our client claimed for damages against the Luxembourg bank.

All aspects relating to an important conflict with one of business partners

Our firm is advising one of the Luxembourg leaders in the real estate sector in all aspects relating to an important conflict with one of its business partners. We have succeeded in freezing the harmful effects of the opposing attempts of the former business partners of our clients and have currently launched several proceedings aiming at protecting the rights of our client.

Drafting of employment agreement, dismissal of employees, data protection and privacy at work…

Our firm advised the Luxembourg subsidiary of a foreign international group on several issues including drafting of employment agreement, dismissal of employees, data protection and privacy at work, as well as compliance with workers’ rights. Our intervention was required in relation to local workers, cross-border workers and posted workers. To meet the needs of the client, we had to achieve an arbitration between the foreign view of the client on human resources management and the Luxembourg labour law rules.

Represented the neighbors of very important real estate projects in downtown Luxembourg

Our firm represented the neighbors of very important real estate projects in downtown Luxembourg. We obtained from the Luxembourg administrative court the annulment of the building permit granted by the City of Luxembourg for this project. Then, our firm successfully negotiated an amicable settlement with the real estate promoter in charge of this project which included an amendment of the real estate project and an indemnification of our clients.

Our Awards

Drawing upon ‘excellent technical skills’ and its ‘extensive knowledge of the Luxembourg court system’, Brucher Thieltgen & Partners excels in deploying ‘creative strategies’ for clients engaged in complex business disputes, including shareholder litigation. Managing partner Nicolas Thieltgen is an ‘impressive litigator, who is able to advise on both legal and strategic aspects’ and is a key member of the team that is headed by Marie Bena.

Legal 500 – Tier 2 in Dispute Resolution

Key individuals

Me Marie Bena

Partner / Avocat à la Cour

Me Catherine Wagener

Counsel / Avocat à la Cour

Me Elodie Rousseau

Counsel / Avocat à la Cour

Me Fanny Gilliers

Counsel / Avocat à la Cour