Litigation & Dispute Resolution In Luxembourg – 2019

1. LITIGATION

1 Preliminaries

1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction?

Luxembourg is a civil law country and has a codified legal system largely based on the French codes. The rules governing civil procedure are laid down in the New Code of Civil Procedure (Nouveau Code de Procédure Civile, hereafter the "NCCP").

1.2 How is the civil court system in your jurisdiction structured? What are the various levels of appeal and are there any specialist courts?

Luxembourg is divided into two judicial districts (Luxembourg and Diekirch). The District Courts (Tribunal d'Arrondissement) are the ordinary courts hearing all cases dealing with civil and commercial matters that are not attributed by law to another Court. They also hear appeals against decisions rendered by the Magistrate's Courts that exceed the sum of EUR 2,000. Special chambers of the District Courts are dedicated to the various civil law matters.

Furthermore, jurisdiction for juvenile and guardianship matters is conferred to a special section of the District Courts. The Magistrate's Courts (Justice de Paix) have jurisdiction for civil and commercial disputes that do not exceed the sum of EUR 10,000. Decisions handed down by the Magistrate's Courts that do not exceed the sum of EUR 2,000 are not subject to appeal. The NCCP also confers exclusive jurisdiction to the Magistrate's Courts without any limitation as to the financial stakes of the dispute in various specific matters, e.g. disputes with leaseholders or related to wages and pensions. Decisions rendered by the District Courts can be appealed before the Court of Appeal (Cour d'appel). The Court of Appeal has jurisdiction to make a new assessment of both the facts and the applicable legal provisions in its judgment. Appeals against judgments of the Court of Appeal may be filed before the High Court (Cour de Cassation). The High Court will only rule on matters of law (to the exclusion of facts). Alongside the Prosecutor- General's Office (Parquet Général), the Court of Appeal and the High Court form part of the Supreme Court of Justice (Cour Supérieure de Justice).

1.3 What are the main stages in civil proceedings in your jurisdiction? What is their underlying timeframe (please include a brief description of any expedited trial procedures)?

Ordinary civil proceedings are instituted by a writ of summons (assignation or citation) that has to be...