Appeal against a PDAL: deadline, judge and preparing the file

The principle

The targeted company, or any interested third party who believes the conditions of the procedure are not met, can appeal against the opening decision. The appeal must be brought within one month of the publication of that decision. Source: Guichet.lu.

Before whom

The president of the commercial chamber of the district court rules in summary proceedings. The appeal is served on the manager of the trade register and on the public prosecutor.

What the file must show

The procedure assumes that the company has no assets and no employees and that it shows serious breaches. An appeal seeks to show that these conditions are not met. Useful evidence includes, depending on the case:

• An asset of the company: an active bank account, property, a receivable, a shareholding.
• Employees or ongoing contracts.
• A registered office, an officer and accounts that exist or have been regularised.
• Real activity, invoices, exchanges with customers or suppliers.

Our role

We are not lawyers and we do not plead. We gather and sort the documents, we keep the calendar and we introduce a lawyer registered with the bar, who decides the strategy and acts.

Do not lose time

A month goes quickly, especially if the company has no office and the letter was not read. Start with the publication date.

Frequently asked questions