LUXEMBOURG Law and Practice Contributed by: Elisabeth Omes, Stephen De Ron and Lorenzo Cappelli, Elvinger Hoss Prussen
Exclusively carried out by a bailiff, these preliminary measures are numerous and applicable to assets (listed above) that may be in the debtor’s possession (see above). Once an enforceable title is obtained, these conserv - atory measures may be converted into enforcement measures. If the debtor or any other person present displays physical resistance during the execution of an enforcement action, the police may employ coercive measures against them. 2.3 Costs and Time Taken to Enforce Domestic Judgments Time The length of the proceedings to enforce domestic judgments will depend on multiple factors, including: (i) the nature of the assets concerned; (ii) the com - plexity of the enforcement process; (iii) the debtor’s procedural approach; and (iv) the existence of com - peting creditors. Costs The main expenses relating to enforcement proceed - ings are bailiff costs. If a notary has to intervene (if the enforcement is made on real estate), these fees will also be borne by the debtor. Fees charged by bailiffs for preparing and serving enforcement documents are governed by Grand Ducal Regulation, and comprise both fixed and pro - portional components. Such fees are adjusted periodically. Bailiffs are entitled to the reimbursement of travel expenses incurred in the performance of their duties. When they are author - ised to collect or receive sums owed by the debtor pursuant to a court decision or other enforceable title, bailiffs are also entitled to a collection fee calculated on the amounts recovered. With regard to legal proceedings, the claimant is generally required to advance the legal costs, which include bailiff and notary fees but not lawyers’ fees. As a general rule, the unsuccessful party is ultimately ordered to bear the legal costs. However, the court
may depart from this principle and order that each party bear its own costs. 2.4 Post-Judgment Procedures for Determining Defendants’ Assets Please see 1.1 Options to Identify Another Party’s Asset Position . 2.5 Challenging Enforcement of Domestic Judgments A debtor can challenge the enforcement of a Luxem - bourg judgment by lodging an appeal. If all appeals are exhausted, the debtor could also challenge the enforceability of the judgment itself, or the validity of the enforcement measures taken. A bailiff’s enforcement measures may be challenged by any person whose rights are affected by the meas - ure. Such challenges are brought before the district court. The challenge period is three weeks and generally runs from the date the decision or, where applica - ble, from the date on which the party concerned was served or notified. Filing a challenge does not ordinarily suspend the enforcement procedure unless the court orders oth - erwise. If the appeal is upheld, the court may annul or amend the bailiff’s decision. In certain circumstances, a bailiff may also correct obvious errors on their own initiatives. 2.6 Unenforceable Domestic Judgments Enforcement encompasses all proceedings aimed at giving effect to obligations enforceable against a debtor’s assets. This may require the debtor to pay a sum of money, perform or refrain from performing a specific act, or deliver or return property. Once a judgment becomes enforceable, it is an enforceable title. In principle, any creditor holding an enforceable judgment may seek compulsory enforcement. 2.7 Register of Domestic Judgments In Luxembourg, selected court decisions are pub - lished (anonymised or otherwise redacted, to protect the parties’ privacy) through the Luxembourg Justice
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