Europe

When: 25th May 2022 at 9:00am

Where: Online

DSM Avocats à la Cour is pleased to invite you to a free French-language webinar on Wednesday, 25 May, from 9:00 a.m. to 9:45 a.m. on “The ‘new’ professional payment guarantee: what are its advantages and how should it be implemented?”.

Since the Law of 10 July 2020 introduced the professional payment guarantee, there is a new mechanism in Luxembourg’s legal arsenal allowing redress of the loophole in positive law with respect to independent guarantees (garanties autonomes).

With the increasing importance of guarantees in financial transactions and the increasing risks, it is henceforth necessary to understand the differences between sureties (cautionnements), independent first demand guarantees (garanties autonomes à première demande) and professional payment guarantees (garanties professionnelles de paiement).

During this presentation, you will receive an overview of the different guarantees under Luxembourg law as well as their main characteristics and applications.

The programme:

• Distinctions between sureties, first demand guarantees and professional payment guarantees; and
• The new uses in practice of these different types of guarantees.

Goals:

• Learn the differences between sureties and independent guarantees;
• Understand the innovations of the Luxembourg professional payment guarantee introduced by the Law of 10 July 2020;
• Discover the main characteristics and possible uses of professional payment guarantees;
• Identify the conditions for the application of the Law of 10 July 2020 on professional payment guarantees;
• Safeguard contracts and their guarantees to avoid requalification; and
• Benefit from the experience of DSM Avocat à la Cour’s attorneys since the entry into force of that law.

The webinar will last for 45 minutes with an interactive question and answer session at the end.

Speaker:

• Founding partner of DSM Avocats à la Cour, Mario DI STEFANO is the head of the Corporate / M&A, Tax and Real Estate departments. Mario advises national and international clients in the context of acquisitions, sales and restructurings of businesses. He also assists his clients in the context of private equity and corporate finance transactions, and more specifically in the context of transactions for the acquisition or sale of real estate and the development of complex real estate projects. Moreover, Mario represents his clients in civil, commercial, administrative and fiscal disputes.
• Marie-Paule GILLEN joined DSM Avocats à la Cour as partner in 2012 and since then has headed the Banking & Finance department. After having exercised leadership mandates in the KBL Group throughout Europe and as a member of the BCE’s Committee of Jurists for European Financial Markets, Marie-Paule retained those of President of AEDBF Luxembourg, member of the BCL’s Legal Committee, AEDBF Europe and the Cercle Munster’s Boards of Directors. Since May of 2019, she is also a director on the BCEE’s board.

Linklater’s multi-jurisdictional specialist team will be discussing the practical application of the new changes in vertical rules in the EU and UK. The webinar will cover the key changes that will affect you and your business, how the new rules will work in practice, and how to pre-empt and avoid potential pitfalls while taking advantage of the new opportunities.

Speakers

Charlote Colin-Dubuisson
Partner
Linklaters

Charlotte is a partner in the antitrust & foreign investment group of Linklaters in Paris, specialising in EU and French competition law. She advised on all aspects of competition law including merger control, cartels, vertical restraints, abuse of dominant position and litigation before the European Commission and the French Competition Authority. Charlotte graduated from Paris Ouest and Paris Dauphine (LL.M) Universities and from the London School of Economics and Political Science (LL.M). Her practice covers sectors such as consumer goods, healthcare, luxury, recycling industries, logistics and transport.

Sima Ostrovsky
Counsel
Linklaters

Sima is counsel in the antitrust & foreign investment group of Linklaters in London. She has an international background, having practised competition law in South Africa, US and UK/EU. She has experience across a wide range of competition law and foreign investment matters, including merger control, distribution arrangements, cartel investigations, antitrust behavioural matters, and abuses of dominance. Her practice covers a variety of sectors, including FinTech, payment systems, rail, FMCG, energy, pharmaceuticals and mining.

Erik Venot
Counsel
Linklaters

Erik is counsel in the antitrust & foreign investment group of Linklaters in Brussels. He advises on all areas of competition and foreign direct investment laws and has more than 15 years' experience as an antitrust lawyer. He regularly represents clients in merger control proceedings and cartel investigations before the European Commission and the German Federal Cartel Office and coordinates merger control and foreign direct investment proceedings globally on multinational deals. Erik also regularly provides advice in relation to vertical and horizontal cooperation agreements and represents clients before the General Court and the Court of Justice of the European Union in cartel related litigation.

Dr. David-Julien dos Santos Goncalves
Managing Associate
Linklaters

David is a managing associate in the antitrust & foreign investment group of Linklaters Dusseldorf. He specialises in European and German competition law, including cartel, abuse of dominance and merger control proceedings before the European Commission and the Bundeskartellamt (the Federal Cartel Office). As regards verticals, his focus lies on structuring complex distribution systems in compliance with antitrust laws. David has profound experience in the financial, energy, construction equipment, consumer and cosmetic and private equity sectors.