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The training session is intended to present the procedure in respect of EAPOs (European account preservation orders) and Luxembourg freezing orders ("saisie-arrêt").
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
- 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
- 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
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.
Clara Mara-Marhuenda (Partner, Dispute Reolution, Arendt & Medernach).
Lawyers, in-house counsels, general counsels, managers, corporate or business managers,...
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