Type of refusal
Refusal to refund with a counterparty in Luxembourg
A refusal to refund from a Luxembourg counterparty usually traces to a fund vehicle, a management company, or a special purpose entity holding money under a subscription or loan agreement. What can be established now is who controls the entity and where a judgment against it would need enforcement. The order of filing depends on the case file, not this page. See other refusal-to-refund pages for other counterparty patterns.
Who is actually on the other side
A Luxembourg counterparty in a refund dispute is typically a fund vehicle such as a SICAV, a SICAF, a securitisation vehicle, or a management company holding investor money for an underlying strategy. The public companies register shows the registered name, address, directors and, where filed, annual accounts. It does not show internal fund documents, side letters, or the chain of instructions that led to the refusal. Establishing who actually controls the vehicle, and whether the entity that took the money still exists in the same form, is a first step separate from any court filing. Luxembourg as a jurisdiction carries its own filing conventions worth checking before assuming the name on the subscription agreement is still accurate.
What to secure before the counterparty reacts
Before writing to the counterparty again, gather the subscription agreement, every payment confirmation, and any written promise of a redemption date. A screenshot of a portal showing a blocked withdrawal is only useful evidence if the date and account are visible. What to preserve in the first week sets out the minimum. If instalments are still due under the same agreement, decide with advice, not by default, whether paying further instalments helps or weakens a position. A paid preliminary assessment under the refund and delivery claims service reviews the documents before anything is filed.
Where a judgment would have to be enforced
A judgment obtained elsewhere would need recognition and enforcement in Luxembourg; enforcing a foreign judgment in Luxembourg covers the confirmed route. Within the EU, recognition from another member state needs no separate exequatur step [N146]. Luxembourg joined the 2019 Hague Judgments Convention through the EU's accession, in force there since 1 September 2023 [N156], relevant for judgments from outside the EU. Where a Luxembourg claim is decided first, enforcing it elsewhere follows that country's own rules, as with enforcing a Luxembourg judgment in the UK. Documents produced abroad for use in Luxembourg fall under the Apostille regime in force since 1979 [N411]. This firm is paid for the work, not the outcome, and its registration is checkable through the guidance on verifying a law firm.