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Contact details

Allen & Overy
33 avenue John F. Kennedy
L-1855
Luxembourg


Luxembourg

Telephone icon+352 44 44 5 5196
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  Thomas Berger

Counsel

Luxembourg

Thomas heads the litigation department.  He specialises in domestic and cross-border litigation and pre-litigation matters within the realm of civil, commercial and corporate law. He has a particular focus in banking law, including on professional liability in the financial sector, finance litigation, money laundering, “white-collar” criminal law aspects, etc. He also assists clients facing dawn raids.  Thomas also specialises in regulatory matters involving professionals of the financial sector. In this context, he regularly advises on issues related to AML, PSD, MIFiD and banking secrecy.

Thomas is a member of the Legal Forum, the Payment Forum, the MiFID Forum and the Payment Services Directive II working group of the Luxembourg Bankers' Association (ABBL).

He is also an active member of our FinTech task force, supporting clients from established financial institutions, incumbents and start-ups in developing innovative products.

Professional qualifications

Admitted as avocat à la Cour, Luxembourg, 2009

Admitted as avocat, Luxembourg, 2007

Academic qualifications

Master 2, International Business, University of Rennes I, France, 2006

Diploma, International Trade Law, Åbo Akademi University , Finland, 2004

Published work

“Auto-laundering: Luxleaks impact on suspicious transaction reporting”, European Finance Litigation Review, Dec 2016 (co-author)

“Repurchase of CPECS from shareholders is not illegal, rules Luxembourg court”, European Finance Litigation Review, March 2016 (co-author)

“Enforcement of Pledge over shares in Luxembourg, irrespective of whether secured debt is due”, European Finance Litigation Review, Nov 2015

“May individuals sue banks based on breaches of conduct rules?”, European Finance Litigation Review, Jul 2015

“Luxembourg court upholds pledge despite conflicting Spanish ruling and asymmetrical jurisdiction clause”, European Finance Litigation Review, Jun 2014 (co-author)

“Bank liability for forged transfer orders: Luxembourg Supreme Court puts an end to uncertainty on the duty of restitution”, European Finance Litigation Review, Feb 2014 (co-author)

“Le démembrement de propriété dans le compte bancaire“, Droit bancaire et financier au Luxembourg, Recueil de doctrine, ALJB, Anthemis/Larcier, 2014 (co-author)

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