Luxembourg

Please contact our Dutch-office for more information about our services in Luxembourg:

REACT Netherlands
Amstelveenseweg 864
1081 JM Amsterdam
The Netherlands
T +31 20 6406363
Contact: Mr Bjorn Grootswagers
bgrootswagers@react.org


Our activities in Luxembourg are coordinated by REACT in the Netherlands and the focus lies on Customs enforcement because of its position as a regional transit hub. However, upon request we can also follow up on local matters and provide our members further necessary assistance.

Our services in Luxembourg

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is not mandatory but still very much advisable
  • If Customs acts ex officio, an application for action must be filed within 4 days
  • Customs application is valid for one year
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 4 working days for ex officio actions
  • Deadline for importer to respond to seizure is 10 working days (extendable for a further 10 working days)
  • Public prosecutor is tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment, fines, criminal forfeiture and destruction of counterfeits
  • Malicious intent of fraud is required for criminal liability
  • Ex parte orders are available (unilateral summary proceedings and anti-counterfeit seizure for example)
  • Damages must be substantiated or can be determined in fairness