Enforcement disputes
An enforcement dispute arises when a disagreement emerges over the manner in which a judgment or other enforcement title is carried out. Although a decision is in principle enforceable, there are situations in which enforcement may be unlawful or unacceptable. In such cases, judicial intervention may be necessary.
What is an enforcement dispute?
An enforcement dispute is a procedure in which the court is asked to assess whether, and in what manner, an enforcement title may be executed. The core of the dispute is not the substance of the judgment itself, but the lawfulness of its enforcement.
Enforcement disputes are typically dealt with in summary proceedings, given the urgent nature of enforcement measures such as attachment, eviction or the sale of assets.
When can enforcement be restricted or suspended?
Although the general rule is that a judgment must be enforced, enforcement may be restricted or suspended in exceptional circumstances. This may be the case, for example, if:
the enforcement constitutes an abuse of rights;
the enforcement no longer serves a reasonable purpose;
new facts or circumstances have arisen after the judgment;
the consequences of enforcement are disproportionately severe in relation to the interest of the enforcing party.
In such cases, the court conducts a balancing of interests between the parties.
Urgency and strategy
Enforcement disputes require swift and well-considered action. The timing of the proceedings, the legal grounds invoked and the substantiation of the urgent interest are often decisive for the outcome. An incorrect or delayed approach may lead to irreversible consequences.
Legal assistance in enforcement disputes
Clavix Advocaten assists clients in enforcement disputes, both on behalf of the enforcing party and the party against whom enforcement is sought. We advise on prospects of success, conduct urgent proceedings and support negotiations to prevent escalation where possible.
Our approach is strategic, decisive and focused on protecting your legal and financial interests.
Legal advice needed?
Are you facing an enforcement measure, or are you considering initiating an enforcement dispute? Contact Clavix Advocaten for a prompt and expert assessment of your position.