Enforcement (seizure, garnishments, exequatur)

A court judgment or recognised claim only produces its full effects if it can be enforced. Enforcement proceedings therefore play an essential role in protecting creditors’ rights by preserving assets, securing the recovery of a claim or ensuring the effective enforcement of a decision. In Luxembourg, where numerous bank accounts and assets connected with international transactions are held, these procedures are particularly important in cross-border matters. They include enforcement seizures, bank account garnishment orders, and the recognition and enforcement of foreign judgments and arbitral awards.

Our Enforcement team advises financial institutions, investment funds, commercial companies and individuals, whether as creditors or debtors,  on identifying and implementing the measures most appropriate to their situation. We prepare the necessary proceedings, coordinate their implementation with bailiffs and financial institutions, and assist with the international recovery of claims. Where several jurisdictions are involved, we also work with the relevant foreign counsel to ensure continuity between the steps taken. Our team also represents individuals and entities targeted by protective or enforcement measures, including in challenging their validity, scope or implementation and, where justified, seeking their limitation or discharge.

Our team has particular experience in bank account garnishment proceedings and in the enforcement in Luxembourg of foreign judgments and arbitral awards. Its command of the relevant procedural mechanisms enables it to act swiftly, either by identifying assets that may be seized and anticipating challenges that could delay or jeopardise enforcement or recovery, or by determining the remedies available to protect the rights of parties targeted by enforcement proceedings. It also ensures that protective measures and enforcement proceedings are coordinated with the litigation strategy pursued in other jurisdictions.