The Legal 500

2, PLACE WINSTON CHURCHILL, 2014 LUXEMBOURG
Tel:
Work +352 44 66 440
Fax:
Fax +352 44 22 55
Web:
www.ehp.lu
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What we say about the firm's legal practice in Luxembourg

Banking and finance

Within Banking and finance, Elvinger, Hoss & Prussen is a first tier firm,

Although Elvinger, Hoss & Prussen handles the full range of financing mandates, it has been particularly active advising issuers and arrangers on the debt capital markets in the last 12 months. The ‘hands-on and dynamic’ Karl Pardaens advised Deutsche Bank on the issuing and listing of several series of notes by Palladium Securities. Philippe Prussen advised PagesJaunes Finance on its €300m high-yield bond offering. André Hoffmann has ‘broad knowledge of the legal and practical aspects of the Luxembourg banking industry’, and Pit Reckinger is ‘responsive and to the point’. Philippe Hoss is also recommended.

Corporate and M&A

Within Corporate and M&A, Elvinger, Hoss & Prussen is a first tier firm,

The ‘committed and rigorous’ team at Elvinger, Hoss & Prussen has a deeply entrenched reputation as a firm that provides the ‘highest quality’ partner-led advice to private equity sponsors and corporates in some very high-profile M&A mandates. Recent highlights include advising the Quilvest group on merging its two wealth management units in France and Switzerland with Compagnie de Banque Privée, a Luxembourg-based private bank. Philippe Hoss, André Elvinger and Pit Reckinger are recommended.

Dispute resolution

Within Dispute resolution, Elvinger, Hoss & Prussen is a first tier firm,

Elvinger, Hoss & Prussen has an excellent track record for handling shareholder disputes and private equity-related cases. André Elvinger and Myriam Pierrat recently represented Kredietbank in litigation relating to alleged breaches of bank secrecy. The team also continues to be engaged in Madoff-related cases, as well as other investment funds litigation. Marc Elvinger is also recommended.

Employment

Within Employment, Elvinger, Hoss & Prussen is a second tier firm,

Headed by Pierre Elvinger and Léon Gloden, Elvinger, Hoss & Prussen’s employment practice has been particularly active advising clients on the employment issues associated with transfers of undertaking and cross-border mergers. The team continues to advise Banque Havilland on the employment issues associated with the reorganisation of its business. Other clients include Citibank, Oracle, Vodafone and Intelsat.

IP and IT

Within IP and IT, Elvinger, Hoss & Prussen is a third tier firm,

Although the firm does not have a dedicated IP and IT practice, Elvinger, Hoss & Prussen handles such work out of its corporate and commercial, banking and finance, and litigation departments.

Insurance

Within Insurance, Elvinger, Hoss & Prussen is a third tier firm,

Elvinger, Hoss & Prussen handles insurance matters out of its banking and finance department, including restructurings and takeovers.

Investment funds

Within Investment funds, Elvinger, Hoss & Prussen is a first tier firm,

Elvinger, Hoss & Prussen has ‘excellent knowledge’ of the market and is instructed by a vast number of funds across a range of matters. The team recently advised a Swiss Singapore-based private equity manager in the structuring of a SICAR investing in China district energy funds. The firm is also actively involved at a policy level, both at the European and national level, in relation to the AIFM Directive, and has also advised a number of funds on compliance measures pursuant to the new UCITS IV regime. Gast Juncker gives ‘solid advice’, and Jacques Elvinger has ‘extremely deep industry knowledge’.

Legal market overview

Within Legal market overview,

The status quo remains largely unchanged for the leading firms in the market. Traditional independent Luxembourg firms Arendt & Medernach and Elvinger, Hoss & Prussen excel in most areas of law, while UK ‘Magic Circle’ firms Allen & Overy Luxembourg, Linklaters LLP and Kremer Associés & Clifford Chance are a natural choice on many of the more sophisticated mandates in the market, particularly those requiring a significant cross-border element. Although there has been limited disruption in the market, Bonn Schmitt Steichen split up, and two new firms were created, namely Bonn & Schmitt and Bonn Steichen & Partners.

Real estate

Within Real estate, Elvinger, Hoss & Prussen is a first tier firm,

Elvinger, Hoss & Prussen regularly handles a number of headline mandates. As well as continuing to advise AGORA on the development of land previously occupied by the steel industry in the south of the country, the team is involved in the urban development of the ‘area of Aldringen’, located in the heart of the capital. Léon Gloden is praised for his ‘professionalism and availability’ and expertise across a range of real estate matters. Patrick Reuter is particularly well versed at advising on regulated real estate fund structures.

Tax

Within Tax, Elvinger, Hoss & Prussen is a second tier firm,

Elvinger, Hoss & Prussen’s Dirk Richter is the main tax contact and recently advised on the listing of Russian food retailer O’Key, in what was one of the first London listings of a Russian group’s Luxembourg holding company since the financial crisis. Richter also provides tax structuring expertise regarding the establishment of funds.


Legal Developments in Luxembourg

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Towards a stronger enforcement of competition law in Luxembourg from 1 February 2012

    Seeking to improve the efficiency of its Competition authority, the Grand Duchy of Luxembourg adopted last 23 October 2011 a new competition law.
  • Luxembourg Alternative Investment Funds

    Asset Classes - Hedge; Real Estate; Private Equity; Venture; Mezzanine; Infrastructure
  • New Germany - Luxembourg double tax treaty signed

    On 23 April 2012, the Grand Duchy of Luxembourg and the Federal Republic of Germany signed a new double tax treaty (the "New Treaty") which will replace the double tax treaty currently in force dated 23 August 1958. The New Treaty basically follows the provisions of the OECD Model Tax Convention, but certain specific provisions have been added.
  • Tax Update April 2012

    Our April tax update highlights the latest important changes in Luxembourg tax law, including the enactment of the law relaxing the conditions to be met in order to benefit from the SPF tax status. Other topics include inter alia recent case law on the exemption of income deriving from the sale of preferential subscription rights and the first decisions of the Luxembourg administrative courts relating to the exchange of information upon request based on the law of 31 March 2010.
  • European Commission publishes AIFMD level 2 implementation proposals

    The European Commission’s proposals for level 2 implementation measures for the Alternative Investment Fund Managers Directive has been circulated to European Union member states and to the European Parliament. The Commission’s draft has prompted criticism from hedge fund managers quoted in media reports and from a hedge fund industry body, the Alternative Investment Management Association, that in certain areas its proposals differ significantly from those put forward by the European Securities and Markets Authority (Esma) in its advice delivered to the Commission on November 16.
  • Luxembourg’s amended SIF law comes into force

    Luxembourg’s legislation amending the February 2007 law on Specialised Investment Funds came into force on April 1, following publication in the country’s official gazette, the Mémorial, on March 30. It is now identified as the law of March 26, 2012, the date on which it received royal assent.
  • ESMA refines proposed framework to deal with complexity of ETFs and other Ucits

    The European Securities and Markets Authority has published on January 30 a consultation paper proposing future guidelines for exchange-traded funds established as Undertakings for Collective Investment in Transferable Securities and other issues related to the Ucits regime. The Esma proposals cover both physical ETFs, which replicate the performance of stock, bond, commodity, currency or other indices by holding shares or other securities in the proportions that make up the index in question, or a sample thereof, and synthetic ETFs, which use swap transactions to obtain the economic performance of the index, using a basket of securities as collateral.
  • Publication of the new law on SIFs

    The law of 26 March 2012 amending the law of 13 February 2007 relating to specialised investment funds (“SIFs”) was published today in the Mémorial A-063 and will enter into force on 1 April 2012. 
  • ACCOUNTING ASPECTS

    I. Law of 10 December 2010 relating to the introduction of the International Financial Reporting Standards (IFRS) II. Grand-Ducal Regulation of 14 December 2011 relating to the procedure for filing financial information electronically with the Luxembourg Trade and Companies Register
  • ESMA launches discussion paper on AIFMD technical standards

    The European Securities and Markets Authority has published on February 23 a discussion paper on key concepts of the Alternative Investment Fund Managers Directive and types of alternative fund manager to initiate a consultation process aimed at finalising its policy approach.