Civil and commercial law
Moyse & Associates serves its clients both in terms of seeking out-of-court settlements and assistance in court.
In an increasingly vast and complex legal environment, legal advice is often necessary both at the level of companies, businesses, associations or other groups, businessmen/women or private clients, and this, at an early stage, when a legal issue is emerging.
The firm advises its clients to try and find legal solutions in order to avoid as much as possible litigation before the courts. Early negotiations and discussions often allow for a legal solution to be found through an agreement or a settlement.
Moyse & Associates draws on long experience in the field of litigation. François Moyse has not only appeared before all the Luxembourg jurisdictions, including the superior courts, such as the Court of Cassation, the Constitutional Court or the Administrative Court, but he has also pleaded before the highest European courts, namely before the Court of Justice of the European Union located in Luxembourg (Kirchberg) and the European Court of Human Rights, located in Strasbourg (France), including before the grand chambers.
Applying Luxembourg law, theory and jurisprudence, the firm uses the second layer of rules established by European primary law, as well as secondary sources, in particular European Union regulations and directives. In addition, the application of fundamental rights, under both the Charter and the European Convention on Human Rights enables to request from the courts the application of fundamental rights and freedoms of citizens.
Moyse & Associates has developed a vast expertise in international litigation, in particular the recognition of foreign judgments and arbitral awards, through the so-called exequatur procedure. Private international law, but also public international law, requires particular knowledge, that the firm provides in these areas of law. At both European and Luxembourg levels, our practice includes enforcement proceedings of foreign judgments and arbitral awards, including through freezing measures of assets.
The firm assists its clients in the vast area of litigation in civil matters, in particular contracts, liability issues, commercial and company law disputes, questions related to the obligations of professionals in the financial sector, economic disputes relating to banking and insurance or other disputes relating to investors or investment funds.
Our lawyers are further involved in various other areas of law, such as inheritance law, construction law, real estate law, lease issues, labor and social security, as well as tax litigation, some of the latter falling under civil jurisdiction.