Thomas Berger
Partner
Luxembourg
Thomas Berger
Partner
Luxembourg
Contact details
Thomas Berger 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 financial law, including in investment funds related litigation as well as professional liability in the financial sector, anti-money laundering (AML), and “white-collar” criminal law aspects.
He also assists clients facing dawn raids and has extensive expertise in internal and external investigations for clients of the financial sector (banks, investment funds, insurance companies and other professionals of the financial sector). Thomas also regularly advises on regulatory issues related to AML, PSD, MiFID and banking secrecy.
Thomas is a member of the AML legal expert group with the Luxembourg Private Equity Association (LPEA) as well as a member of the Legal Forum, the Payment Forum, the MiFID Forum and the PSD II working group of the Luxembourg Bankers' Association (ABBL).
Qualifications
Professional
Admitted as avocat à la Cour, Luxembourg, 2009
Admitted as avocat, Luxembourg, 2007
Academic
Master 2, International Business, University of Rennes I, France, 2006
Diploma, International Trade Law, Åbo Akademi University , Finland, 2004
Related articles
Publications: 21 July 2023
The Luxembourg parliament has adopted an act on business continuity, restructuring and the modernisation of the bankruptcy regime (the Insolvency Modernisation Act or IMA).
Publications: 28 April 2023
Publications: 29 March 2023
Directive (EU) 2020/1828: A new framework for EU class actions
Experience highlights
Professional of the financial sectors (credit institutions, e-money institutions, insurance companies, investment funds) facing claims from their clients for breach of their professional obligations on the provision of investment services (alleged mismanagement of client’s assets, mis-advice on investment in financial instruments, incorrect execution of a client order) or of payment services (alleged incorrect or fraudulent execution of bank transfers).
Advising Investors in investment funds in their dispute against the managers of investment funds.
Advising professionals of the financial sector in connection with major internal or external fraud cases.
Professionals of the financial sector facing dawn raids or alleged white-collar crime and/or breach of their AML-FT obligations.
Qualifications
Professional
Admitted as avocat à la Cour, Luxembourg, 2009
Admitted as avocat, Luxembourg, 2007
Academic
Master 2, International Business, University of Rennes I, France, 2006
Diploma, International Trade Law, Åbo Akademi University , Finland, 2004
Recognition
Team head Thomas Berger has 'in-depth knowledge of litigation in Luxembourg', particularly as it relates to civil, criminal and regulatory proceedings facing financial services clients.
Legal 500, 2021
Published work
- "Anti-Money Laundering 2022", Lexology, October 2021
- “Auto-laundering: Luxleaks impact on suspicious transaction reporting”, European Finance Litigation Review, December 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, November 2015
- “May individuals sue banks based on breaches of conduct rules?”, European Finance Litigation Review, July 2015
- “Luxembourg court upholds pledge despite conflicting Spanish ruling and asymmetrical jurisdiction clause”, European Finance Litigation Review, June 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, February 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)
