Training Session

Friday
May 17, 2019
9:00 AM

To

Friday
May 17, 2019
1:00 PM
Where ?
Arendt House
41A, Avenue John F. Kennedy
L-2082 Luxembourg-Kirchberg
Luxembourg
Who ?

Objectives

The training session is intended to present the procedure in respect of EAPOs (European account preservation orders) and Luxembourg freezing orders ("saisie-arrêt").

Content

Part I: European Account Preservation Orders (EAPOs)

1. Key elements of EAPOs

  • Objective and texts
  • Claims to be secured
  • Territorial scope
  • Scope of the attachment (cash)
  • Conditions for obtaining an EAPO pre- and post-judgment
  • Procedure
  • Declaration of the bank
  • Defendant’s remedies
  • Preliminary request for obtaining information on the defendant’s bank accounts

2. Case Study

Part II: The Luxembourg freezing orders and the differences from EAPOs

1. The conservative phase of the attachment proceedings

  • Procedure
  • Effects of the attachment
    - Territorial scope of the attachment
    - Identification of the debtor
  • Scope of the attachment
  • Management of seized assets
  • Notifications to third-party holders (« sommations à tiers détenteurs »)

2. The affirmative declaration

  • Date of the declaration
  • Form and contents of the declaration
  • Sanctions resulting from a wrong or inaccurate declaration

3. The enforcement phase of the attachment proceedings

  • Effects of the judgment of validation
  • Conflicts between the bank and the seizing creditor

Methodology

We place particular emphasis on combining theory and practice throughout the training session.

Our methodology is interactive and includes detailed analysis of specific issues as well as the presentation of the consequences and implications at the legal, regulatory and operational levels. We seek to provide a special focus on interaction with the participants.

Speaker

Clara Mara-Marhuenda (Partner, Dispute Reolution, Arendt & Medernach).

Target Group

Lawyers, in-house counsels, general counsels, managers, corporate or business managers,...

Duration

​4 hours.

Language

English

Price

€450

 

For any information, please contact us by e-mail institute@arendt.com

Related Content

Clara Mara-Marhuenda

Clara Mara-Marhuenda is a Partner in the Dispute Resolution and Commercial & Insolvency practices of Arendt & Medernach. She specialises in civil and commercial law focusing on corporate and finance disputes. She has been a member of the Luxembourg Bar since 2003. Prior to joining the Luxembourg Bar, she worked as an in-house counsel in Paris from 1999 to 2002. Clara Mara-Marhuenda holds a Master’s degree in business law and a diplôme d’études spécialisées in industrial property law (DESS droit de la propriété industrielle) from the Université Paris II Panthéon - Assas (France), as well as a Master of Laws degree (LL.M.) from the Ludwig-Maximilians-Universität of Munich (Germany).

Discover the Author

Arendt & Medernach SA

41A, Avenue JF Kennedy L-2082 Luxembourg info@arendt.com

T (352) 40 78 78 1
F (352) 40 78 04

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