Dispute resolution—Luxembourg—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Luxembourg—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Luxembourg—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Luxembourg published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Baker McKenzie—Annie Elfassi

1. What is the structure of the civil court system?

The hierarchy of the civil courts is as follows:

  1. Justices de Paix (lower instance courts);

  2. district court;

  3. Court of Appeal; and

  4. the Supreme Court.

Justices de Paix

This is the first level of the judicial hierarchy. The three Justices de Paix have their seats in Luxembourg, Esch-sur-Alzette and Diekirch. They deal with low-value claims (less than €10,000), in both civil and commercial matters.

Justices de Paix have specific jurisdiction for specific claims as laid down in the New Code of Civil Procedure (NCPC). They include a labour court section as well as a police court section.

District court

The Grand Duchy of Luxembourg is divided into two judicial districts, Luxembourg City and Diekirch, each of which has its own district court.

The district court is competent to hear civil and commercial matters as well as matters for which competence is not attributed to another court based on the nature or the amount of the claim. The district court also has exclusive competence for matters expressly provided for by law, such as:

  1. exequatur of judgments issued by foreign courts;

  2. claims related to filiation;

  3. claims in relation with

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