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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

Publications: 02 APRIL 2020

5MLD – Implementation in Luxembourg

The 5th anti-money laundering directive (5MLD), which amends Directive (EU) 2015/849 (4MLD), was adopted in May 2018 with a view to addressing both recent technological innovations and weaknesses…

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Publications: 18 MARCH 2020

The CSSF extended, on an exceptional basis, to 10th of April 2020 the deadline to submit the annual online AML/CTF survey for the year 2019

By a circular letter issued yesterday (17 March 2020), the CSSF extended, on an exceptional basis, to 10th of April 2020 (close of business) the deadline to submit the annual online survey (“Survey”)…

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Publications: 06 FEBRUARY 2020

Lapsing of the Luxembourg transitional Brexit regime

On 8 April 2019, the Luxembourg legislator adopted a specific Luxembourg (Brexit-related) act (the Brexit Act) to anticipate the consequences of the loss by UK firms of their passporting rights. 

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An open drawer in a filing cabinet

Publications: 17 JANUARY 2020

5MLD - Creation of a Luxembourg central electronic data retrieval system concerning accounts and safe deposit boxes

In order to fully implement the so-called 5th anti-money laundering directive (5MLD)1, bill of law 7512 (the Bill)2 was introduced before the Luxembourg Parliament on 23 December 2019.

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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)