Enforcement against the State
Pursuing execution until the debt reaches the creditor
Where the Court rules in favour, we pursue execution of the judgment until the awarded sum reaches the creditor. We monitor Committee of Ministers oversight, coordinate with domestic counsel on enforcement, and represent the case through supervision proceedings.
How it works
Four steps, and at each one you know what you provide and what we do.
The European judgment becomes final
After three months, if neither party requests referral to the Grand Chamber, the judgment is final and binds the State. The payment period starts running from there.
Payment is demanded from the State
Just satisfaction carries a payment deadline, and default interest accrues once it passes. The demand goes to whichever body is responsible in that country.
If it does not pay, it is enforced
The judgment is taken into the domestic enforcement procedure against the administration, with the European title as its basis, and attachment is sought where available.
The money arrives
Payment is pursued until the awarded sum reaches your account, default interest included, and the file is closed with its reconciliation.
What the engagement covers
Point by point, what we take on.
Before enforcing
- Verification that the judgment is final
- Sum and interest computed
- Identification of the paying body
- Applicable payment deadlines
The enforcement
- Formal demand on the State
- Domestic enforcement procedure
- Attachment sought where available
- Follow-up before the Committee of Ministers
The payment
- Reconciliation of the sum received
- Settlement of default interest
- Documented closure of the file
Who engages us for this
The creditor profiles that most often arrive at this engagement.
SuppliersContracts and invoices left unpaid by a public authority.
Service companiesWaste, transport, maintenance, utilities.
Banks and lendersLoans and guarantees to bodies that stopped paying them back.
Funds and SPVsAcquired public-sector portfolios that were never enforced.
Public-sector employeesBack pay, severance and supplements already awarded.
How we work
Six commitments that hold across all six engagements.
We tell you no first
If the claim cannot be pursued, you hear it before anything is signed. A file that cannot prosper is no use to anyone.
A local lawyer in every country
The domestic phase is run by someone who litigates in that forum every day. The European phase we run ourselves, because it is the same everywhere.
The lawyer who briefs you is the one who runs it
The file does not change hands when the meeting ends. Whoever receives you is who signs the submissions.
The deadlines of the procedure, not estimates
You get the dates the rules set, not an optimistic guess. When a deadline cannot be extended, we say so before we start.
Everything in writing
Each phase ends in a document you can take to your board: the opinion, the submission as filed, the ruling.
Nothing you cannot check
Every statement about case law comes with its judgment and its application number. You can verify it yourself on HUDOC.
Further reading
Three articles that go into the detail.
When Enforcement Became Part of the Trial
Before 1997 a State could lose in its own courts and simply decline to comply. A dispute over a language school on Rhodes changed what Article 6 § 1 covers — and it is the authority underneath every non-enforcement claim we file.
Winning Isn't Enough
A favourable judgment is only the first step. Enforcement is where cases are won.
What Strasbourg Actually Pays
A finding of violation is a declaration. What reaches the bank account is decided under Article 41, and it answers to a different set of questions than the ones that won the case.
Ready to Move Forward?
New ECHR rulings are holding States to account. Yours could be next.
Request a free evaluation