In an international country like Luxembourg, enforcing a foreign decision is a recurring problem.
It often happens that, after obtaining a favorable decision abroad, creditors are faced with the challenge of enforcing this decision against recalcitrant debtors who nevertheless have considerable assets in Luxembourg.
Conversely, many debtors find themselves obliged to defend their rights and prevent a foreign decision from being recognized and enforced to their detriment.
While on the one hand European legislation, in particular Regulation (EU) No. 1215/2012, has provided an adequate response to the problem of enforcing decisions from a Member State, the issue is more complex when it comes to enforcing a decision handed down by a court outside the EU.
In such a case, in the absence of a specific agreement between Luxembourg and the State concerned, the exequatur procedure must be used (article 678 of the New Code of Civil Procedure).
In other words, before the decision can be enforced, it will be submitted to the Luxembourg courts, which will check that all the conditions for exequatur have been met.
It is only after this examination that the foreign decision may be recognized and enforced in Luxembourg.
It is often necessary to consult a lawyer in order to enforce a foreign court order in Luxembourg.
Of course, Kaufhold & Réveillaud, Avocats will be happy to assist you in any way we can.
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