Mr Maurice Goetschy

Maurice Goetschy

Lawyer biography

Maurice Goetschy was born in 1981. He is a graduate of Sciences Po Lyon (France) and holds a Master's Degree in international private law (D.E.A.) from the Robert Schuman University of Strasbourg (France). He was admitted to the Luxembourg Bar in 2011. Before joining Luther in 2016, he practiced for eight years in a leading business law firm based in Luxembourg.

 
Areas of Practice

Maurice has several years of professional experience in civil and commercial litigation and as such advises an international and domestic clientele in corporate disputes and shareholders’ litigations as well as debt collection and professional liability matters. He has also extensive experience in real estate and construction law and advises on all aspects of domestic real estate transactions and developments.

 

Updates

Litigation

Court of Appeal rules on prorogation of general shareholders' meetings
Luxembourg | 09 October 2018

The Court of Appeal recently ruled on the prorogation of general shareholders' meetings. Although this decision confirms the existing case law on prorogation, it is notable as it is the first time that a court has ruled that a prorogation request can be made before, and not only during, a shareholders' meeting. Ultimately, the decision strengthens the rights of minority shareholders.

New law on court enforcement of European account preservation orders
Luxembourg | 25 September 2018

The EU European Account Preservation Orders (EAPO) Regulation states that attachment orders must be enforced through the courts in accordance with the procedures applicable to the enforcement of equivalent national orders in the member state of enforcement. As Luxembourg's existing legislation proved to be poorly adapted to the execution of EAPOs, it recently implemented the EAPO Conversion Law in order to introduce a specific court enforcement procedure applicable only to EAPOs.

Court of Appeal rules on loss of credit capacity in bankruptcy
Luxembourg | 18 September 2018

The Court of Appeal recently ruled on the loss of credit capacity in the context of bankruptcy. This was the first time that the availability of company funds in a third-party account was seen as a sufficient reason to avoid the loss of credit capacity. Thus, the court has finally clarified the notion of the loss of credit capacity referred to in Article 437 of the Code of Commerce in a way that is restrictive and favourable for debtors.

Court of Appeal rules on procedural standing of shareholders to challenge corporate decisions
Luxembourg | 19 June 2018

The Court of Appeal recently ruled that shareholders have a right to seek an annulment of decisions made by their company's board of directors. This decision sets a precedent for challenging board decisions on the grounds of the Companies Law, thereby increasing legal certainty by filling the gaps left by the law. However, it also marginally limits the scope of such challenges by excluding former shareholders from initiating new proceedings.

Appeal court questions law on exchange of tax information on request
Luxembourg | 12 June 2018

The Luxembourg Administrative Court of Appeal and the European Court of Justice (on referral for a preliminary ruling) recently considered whether the Luxembourg law on the procedure applicable to the exchange of information on request in tax matters complied with EU Directive 2011/16/EU and the Charter of Fundamental Rights of the European Union. In particular, the courts examined whether the Luxembourg law complied with the right to an effective remedy set out in the EU directive and the charter.

Court of Appeal rules on discharge of managers
Luxembourg | 05 June 2018

The principal way in which managers can protect themselves from liability is by obtaining a grant of discharge from shareholders. The Court of Appeal recently stated that although discharge is voted on at a general shareholders' meeting after the adoption of the company's annual accounts, the mere approval of the accounts does not automatically entail discharge. Rather, the court made clear that a decision to discharge a management body must be subject to a separate deliberation.

Luxembourg District Court rules on conditions for enforcing pledges
Luxembourg | 29 May 2018

Following a recent Luxembourg District Court decision concerning the conditions for the enforcement of a pledge, collaterals consisting in a pledge on the shares of a company can be enforced even outside of a default payment (ie, even if the secured debt is not due and payable). In the case at hand, the pledge agreement provided that the pledge was enforceable in case of non-compliance with a binding financial ratio.

Luxembourg District Court rules on judicial management reports
Luxembourg | 08 May 2018

The Luxembourg District Court has clarified the requirements and procedures regarding judicial management reports provided for in the law on commercial companies, as amended. The ruling provides valuable insight into shareholders' right to request information on management decisions. While the reduced threshold suggests a trend in Luxembourg law towards shareholder empowerment, as well as the accountability and transparency of managing bodies, the ruling appears to be pro-management.