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Thomas Berger

Counsel

Luxembourg

Berger Thomas
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.

Experience highlights

News & insights

servers

Publications: 11 OCTOBER 2021

GIR - data privacy & transfer in investigations

Investigations, now a fact of business life, matter and need to be run wisely. Adhering to data privacy laws is a key component of this, especially for international matters.  

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High rise buildings with sun reflecting

Publications: 15 JULY 2021

When governance goes green

Credit institutions need to take into account climate-related and environmental risks.

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Two modern skyscrapers with a blue sky in the background

Publications: 02 JULY 2021

Implementation of CRD V into Luxembourg law

Key points of action for Luxembourg-based actors.

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CSSF annual online survey on money laundering and terrorist financing risks

Publications: 29 JANUARY 2021

CSSF annual online survey on money laundering and terrorist financing risks

On 15 February 2021, the CSSF will launch its annual online survey for the year 2020 to collect standardised key information concerning money laundering and terrorist financing (ML/TF) risks to which…

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Office

Luxembourg

Allen & Overy
5 Avenue John F. Kennedy, L-1855 
Luxembourg

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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

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)