Mario Di Stefano
Europe Guide 2024
Band 2 : Real Estate
Email address
[email protected]Contact number
352 262 562 1Share profile
Band 2
About
Provided by Mario Di Stefano
Practice Areas
Recognised expert in Corporate and Commercial, M&A, Real Estate, Tax, and Labor Law.
Career
Mario Di Stefano is the Founding and Managing Partner of DSM Avocats à la Cour, a leading full-service business law firm based in Luxembourg. With a career spanning over 25 years in the legal field, Mario is a trusted advisor to national and international clients.
Mario assists his clients with all types of real estate projects and transactions, including project acquisition and due diligence, project financing, project development, the exit / divestment of real estate property and companies, as well as on matters related to the ongoing administration of real property (leases) and technical urban planning issues. As a recognized real estate law specialist as well as in tax law, he regularly advises funds, investors, developers, banks, construction companies, real estate agencies, architects, and engineers. He also assists and represents his clients in civil, commercial, administrative and tax litigation. He deals with zoning and planning, condominium matters, acquisition and sales agreements, construction contracts as well as contractual and corporate structuring for high-end real estate acquisitions and other real estate or realization projects. When entrepreneurs intending to acquire or develop a real estate project in Luxembourg ask for referrals Mario’s name pops up as a top choice. In particular, if the documents or negotiations are to be in English or German his command of those languages, on top of French and Italian. He has a reputation as one of Luxembourg’s leading experts in real estate.
In 2004, he founded DSM Avocats à la Cour, which has since grown to become one of Luxembourg's most reputable independent Luxembourg business law firms, boasting a team of over 40 dedicated lawyers and staff.
Mario's dedication to delivering exceptional legal services has earned him recognition and accolades from leading legal directories.
Mario is actively involved in numerous professional organizations and legal networks. He serves as the President of AmCham Luxembourg’s Real Estate Committee and is a member of esteemed bodies such as LuxReal and the Luxembourg Arbitration Association, among others. Mario's firm is a member of five global legal networks, enhancing the ability of the firm to serve clients.
Professional Memberships
AMCHAM Luxembourg – President of the Real Estate Committee
ALFA International (2005 – 2008 Member of the BoD)
Union Internationale des Avocats
WIRAS Verbund
State Capital Law Firm Group
Association of European Lawyers
International Bar Association
LuxReal
FIABCI
Editorial committee of the Luxembourg Real Estate Law Review
Luxembourg Arbitration Association
Deutsch Luxemburgische Wirtschaftsinitiative
Publications
La garantie professionnelle de paiement: quelle utilisation de la loi ?, Paperjam, 2023
Le dédit-formation, NeoMag, 2022
La responsabilité du chef d’entreprise en matière d’accidents de travail sur les chantiers, NeoMag, 2022
L’avocat fiscaliste en 2022 : le conseiller et le défenseur, Paperjam, 2022
La fiscalité des ventes d’immeubles à construire, RLDI, 2022
Le point sur la réglementation dans l’immobilier, NeoMag, 2021
Freedom of expression on Covid-19 has its limits, Delano, 2021
Assistance financière dans les S.à r.l. – Oui, c’est possible (en principe), AGEFI, 2021
Le régime de la vente d’immeubles à construire, RLDI, 2021
Languages Spoken
French, English, German, Italian, Luxembourgish
Education
Universität Trier
Zweite Juristische Staatsprüfung
1990
Universität Trier
Erste Juristische Staatsprüfung
1987
Awards
One of the 100 personalities that matter in the Luxembourg Real Estate Sector
Paperjam
2022
Work Highlights
Acquisition by large international development and construction group of two plots in Belval, Luxembourg
Sale of a 4.100 sqm office building in Leudelange
Sale of a 20.000 sqm office building in Luxembourg, Cloche d’Or (share deal)
Sale and leaseback of ING Bank’s office building on route d’Esch in Luxembourg
Acquisition, development and divestment of premium residential real estate project
Acquisition, development and divestment of premium residential real estate project
Acquisition, development and divestment of a major 23.000 sqm office development project
Assistance of client with the acquisition, development, construction and retail sale of the first real estate project of German developers in the development area of Belval, Luxembourg
Construction, drafting and negotiation of major construction contract and ongoing assistance to the contractor with execution of the contract
Assistance of contractor with execution of building contract for facades/cladding of one of Luxembourg’s largest construction projects
Acquisition, development, construction and retail sale of an apartment building in Luxembourg’s Kirchberg district
Acquisition, restructuring, development, construction and retail sale of a four-block residential building complex in Luxembourg City totaling close to 100 apartments
Assistance to real estate developer in solving zoning and planning issues/dispute with respect to the development of office and commercial space of 60,000 sqm built
Representation of real estate developer in public law litigation with respect to the construction license of an apartment block
Assistance to client with the purchase of a property company owning a warehouse in Luxembourg, including drafting of purchase agreement, due diligence and post sales assistance
Assistance to a regulated property investment fund with legal issues in obtaining the connection to the public infrastructure
Representation of a project developer/builder in the acquisition of a development for the construction of about 40 family homes, including arbitration proceeding opposing a joint venture partner
Assistance to client in negotiating indemnities with the landlord regarding a commercial lease agreement (shopping mall)
Assistance to a regulated Luxembourg property fund in dispute resolution regarding a commercial lease agreement (office space)
Sale of a 16.000 sqm office building (share deal)
Contributions
Latest contributions provided by Mario Di Stefano
Articles, highlights and press releases
13 items provided by DSM Avocats à la Cour
Real estate, climate and sustainability: politics and challenges
In the wake of the climate emergency, the European Union (the "EU") has set a bold objective for the real estate sector: to achieve carbon neutrality by 2050.
Professional payment guarantees
New positive law rules on guarantees were introduced into the Luxembourg legal system by the Law of 10 July 2020 on professional payment guarantees (the "2020 Law").
DSM Avocats à la Cour advised the Wagner Group, on the sale of 85% of European Data Hub to Arcus
DSM Avocats à la Cour advised the Wagner Group Luxembourg, on the sale of 85% of European Data Hub to Arcus Infrastructure Partners LLP.
Business head liability with respect to workplace accidents on construction sites
An employer is required to assure the health and safety of its employees in all aspects related to the employment (Article L.312-1 of the Labor Code).
Reimbursement of training costs
It is well known by employers that promoting employee professional training is profitable to their business, by increasing competencies of course, but also to motivate employees. It represents an investment in the future of the business.
Tax lawyers in 2022: advisors and defenders
Tax lawyers in 2022: advisors and defenders Tax lawyers in 2022: advisors and defenders
AmCham Luxembourg newsletter interview with Mario DI STEFANO
See the interview with Mario DI STEFANO, in the latest AmCham Luxembourg newsletter. The interview covers the main changes in the new bill on residential leases, as well as regulations on micro-housing and flat sharing.
The new cultural heritage law: towards a paradigm shift?
On Thursday, 10 February 2022, after two and a half years of legislative procedures, the Parliament voted into law the new law on cultural heritage.
Webinar “Real Estate Transactions – Share Deal vs. Asset Deal – the criteria for choosing”
Webinar “Real Estate Transactions – Share Deal vs. Asset Deal – the criteria for choosing” with Mario DI STEFANO, Renaud LE SQUEREN and Alex PHAM
Real Estate and Regulation: update with Mario DI STEFANO
The regulations which will enter into force in the next few months which will impact Luxembourg enterprises in the real estate sector
Webinar on “Real Estate 2.0 and Digitalization: strategic and legal points of view”
Presented by Jean-Paul SCHEUREN, President of the CIGDL, and Mario DI STEFANO, Managing Partner – Avocat à la Cour, DSM Avocats à la Cour.
“Housing pact” preemption rights: jurisprudence developments - Luxembourg
The Law of 22 October 2008 on the so-called “Housing Pact”, as amended by the Law of 3 March 2017 (the so-called “Omnibus Law”), gives, under certain conditions, preemption rights to municipalities and/or the Housing Fund (Fonds du Logement).
TO PAY OR NOT TO PAY? THAT IS THE QUESTION
Luxembourg jurisprudence adjudicated on the obligation to pay rent by a commercial lessee
Real estate, climate and sustainability: politics and challenges
In the wake of the climate emergency, the European Union (the "EU") has set a bold objective for the real estate sector: to achieve carbon neutrality by 2050.
Professional payment guarantees
New positive law rules on guarantees were introduced into the Luxembourg legal system by the Law of 10 July 2020 on professional payment guarantees (the "2020 Law").
DSM Avocats à la Cour advised the Wagner Group, on the sale of 85% of European Data Hub to Arcus
DSM Avocats à la Cour advised the Wagner Group Luxembourg, on the sale of 85% of European Data Hub to Arcus Infrastructure Partners LLP.
Business head liability with respect to workplace accidents on construction sites
An employer is required to assure the health and safety of its employees in all aspects related to the employment (Article L.312-1 of the Labor Code).
Reimbursement of training costs
It is well known by employers that promoting employee professional training is profitable to their business, by increasing competencies of course, but also to motivate employees. It represents an investment in the future of the business.
Tax lawyers in 2022: advisors and defenders
Tax lawyers in 2022: advisors and defenders Tax lawyers in 2022: advisors and defenders
AmCham Luxembourg newsletter interview with Mario DI STEFANO
See the interview with Mario DI STEFANO, in the latest AmCham Luxembourg newsletter. The interview covers the main changes in the new bill on residential leases, as well as regulations on micro-housing and flat sharing.
The new cultural heritage law: towards a paradigm shift?
On Thursday, 10 February 2022, after two and a half years of legislative procedures, the Parliament voted into law the new law on cultural heritage.
Webinar “Real Estate Transactions – Share Deal vs. Asset Deal – the criteria for choosing”
Webinar “Real Estate Transactions – Share Deal vs. Asset Deal – the criteria for choosing” with Mario DI STEFANO, Renaud LE SQUEREN and Alex PHAM
Real Estate and Regulation: update with Mario DI STEFANO
The regulations which will enter into force in the next few months which will impact Luxembourg enterprises in the real estate sector
Webinar on “Real Estate 2.0 and Digitalization: strategic and legal points of view”
Presented by Jean-Paul SCHEUREN, President of the CIGDL, and Mario DI STEFANO, Managing Partner – Avocat à la Cour, DSM Avocats à la Cour.
“Housing pact” preemption rights: jurisprudence developments - Luxembourg
The Law of 22 October 2008 on the so-called “Housing Pact”, as amended by the Law of 3 March 2017 (the so-called “Omnibus Law”), gives, under certain conditions, preemption rights to municipalities and/or the Housing Fund (Fonds du Logement).
TO PAY OR NOT TO PAY? THAT IS THE QUESTION
Luxembourg jurisprudence adjudicated on the obligation to pay rent by a commercial lessee