LUXEMBOURG Law and Practice Contributed by: Elisabeth Omes, Stephen De Ron and Lorenzo Cappelli, Elvinger Hoss Prussen
the same cause of action, that itself may be recog - nised in the EU member state in which the request is made; and • if the court in the EU member state of origin took jurisdiction in breach of the provisions of the Brus - sels I Recast Regulation. It goes without saying that the judgment must be enforceable in the EU member state in which it was rendered. Judgments covered by international conventions Article 679 of the NCPC establishes a simplified pro - cedural framework applicable to decisions rendered in a foreign state that is bound with Luxembourg by an international treaty governing the recognition and enforcement of judgments. Provided that the neces - sary conditions are met, the court must, within the context of an ex parte procedure, grant an exequatur order. Two main conventions bind Luxembourg. The 2007 Lugano Convention The convention on jurisdiction and the recognition and enforcement of judgments in civil and commer - cial matters (the 2007 Lugano Convention) applies to judgments originating from EU member states as well as Switzerland, Norway and Iceland. The conven - tion largely mirrors the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast Regulation). The 2019 Hague Convention Luxembourg has ratified the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judg - ments which facilitates the effective international cir - culation of judgments in civil and commercial matters. On 29 August 2022, the EU deposited its instrument of accession to the 2019 Hague Judgments Conven - tion, becoming the largest contracting party to the Convention. The Convention entered into force on 1 September 2023, including in respect for Ukraine. The EU’s accession is binding on all its member states, with the exception of Denmark. Following the end of the Brexit transition period on 31 December 2020, judgments rendered by the court of
England and Wales after that date are no longer gov - erned by the Brussels I Recast Regulation. However, the UK ratified the 2019 Hague Judgments Conven - tion on 27 June 2024, and the Convention entered into force on 1 July 2025. The definition of “judgment” under the 2019 Hague Judgments Convention covers any decision on the merits rendered by a court in the civil and commer - cial matters, subject to certain exclusions, including insolvency, intellectual property, privacy and certain antitrust matters. It should also be noted that arbitration and related proceedings fall outside the scope of the 2019 Hague Judgments Convention, as do judgments providing for interim measures of protection. Compared with the Brussels I Recast Regulation and the 2007 Lugano Convention, the grounds on which recognition and enforcement may be refused are broader under the 2019 Hague Judgments Convention. Such grounds include but are not limited to: • the judgment being obtained by fraud; • recognition or enforcement being manifestly contrary to the public policy of the state where enforcement is sought (including situations where the foreign judgment has been obtained by vio - lating fundamental principles of procedural fair - ness applicable in the state where enforcement is sought and situations involving infringements of security or sovereignty of the state where enforce - ment is sought); or • the judgment conflicting with a prior judgment issued by a court of the state where enforcement is sought involving the same parties and subject mat - ter (or with an earlier foreign judgment which meets the conditions for recognition and enforcement in the state where enforcement is sought). The 2005 Hague Convention The recognition and enforcement of foreign judgments between Luxembourg and other contracting states may also be governed by the 2005 Hague Choice of Court Convention.
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