On matters of real estate, we also advise our clients in administrative, civil, tax and insolvency litigation proceedings.
Administrative proceedings
Our firm acts as litigation counsel before the Regional Administrative Tribunals (including the Council of State) in the context of administrative law controversies involving building matters (challenging denials, revocation or annulment of permits and authorisations), planning matters (defending planning instruments and their implementation and the interpretation and of zoning agreements), expropriation processes (from the start of the process through the payment of the indemnity) and in relation to cultural heritage and environmental restrictions.
Civil proceedings
Our civil litigation team has over two decades of experience in advising national and international leading operators, qualified investors and management companies of real estate funds before ordinary Courts as well as in arbitration proceedings, and mediation and assisted negotiation processes.
Our civil litigation team has acquired specific experience:
- in lessor/lessee disputes;
- in real estate development transactions, in controversies with promissory purchasers, purchasers and contractors;
- disputes in the context of leases of retail premises (in shopping centers and large-distribution) and business leases;
- in the context of recovery of overdue receivables and evictions (assisting the property management company on each step of the process until release of the asset, working with the Clerk of the Court, and assisting in any further enforcement step that may be necessary);
- in all activities necessary to seek release of unlawfully occupied buildings, undertaking all appropriate actions with the Office of the State Prosecutor, and managing the relationship with the local entities.
Insolvency proceedings
Our team prepares and files petitions for judicial liquidation (for example in case of an insolvent lessee), in proceedings challenging insolvency claw-backs (such as in case of payments received under a lease or a business lease), filing of petitions to be admitted as creditor and the following relationship with the Trustee, challenges to the statement of liabilities and other insolvency procedures.
Our services include the hand-back of the leased asset or business, following judicial liquidation of the lessee.
Tax litigation
The firm advises clients in all phases of proceedings before the Tax Authorities and in tax litigation.
The tax department has deep expertise in assisting clients during the tax audits and in out-of-court settlements with the Revenue Agency.
Our firm has a strong track-record in tax litigation specifically in relation to real estate taxation matters.
Litigation
See the other practice areas
