LUXEMBOURG Law and Practice Contributed by: Elisabeth Omes, Stephen De Ron and Lorenzo Cappelli, Elvinger Hoss Prussen
3.4 Process of Enforcing Foreign Judgments If EU legislation or international conventions are appli - cable, the steps of the process of enforcement are set out in the respective instrument. In the absence of application of EU legislation or an international convention, the general conditions required for rec - ognition and enforcement in Luxembourg of foreign judgments will apply. Therefore, before taking any enforcement steps, it is necessary to determine whether the judgment falls under EU law, such as the Brussels I Recast Regula - tion, or a treaty-based regime, such as the Lugano Convention, the 2019 Hague Judgments Convention or the 2005 Hague Choice of Court Convention, or, instead, under Luxembourg domestic exequatur rules. Luxembourg law draws a clear distinction between recognition and enforcement. Recognition means that the foreign decision is accept - ed as producing legal effects in Luxembourg. Enforcement goes further and allows the creditor to use coercive measures, such as attachment or execu - tion against assets located in the country. A judgment may therefore be recognised in principle but still require additional procedural steps before it can actually be enforced. If the judgment was issued in another EU member state and falls within the material scope of the Brus - sels I Recast Regulation, the creditor will usually need to produce: • an authentic copy of the judgment rendered by the court of origin; and • the certificate issued by the court of origin confirm - ing that the decision is enforceable in its country of origin and setting out the necessary information for enforcement (the Article 53 certificate). If required, a translation may also have to be provided. Once those formalities are met, the judgment may in principle be enforced in Luxembourg without exequa - tur, in the same way as a domestic enforceable judg -
If EU legislation or international conventions are appli - cable, the conditions of refusal of enforcement are set out in the respective instrument. In the absence of application of EU legislation or an international con - vention, Luxembourg Courts will be checking whether the foreign judgment meets the general conditions required for recognition and enforcement in Luxem - bourg. In particular, the courts will verify whether: • the judgment is enforceable in its state of origin; • it was issued by a court that is recognised in Lux - embourg; • the originating court had jurisdiction under Luxem - bourg private international law; • that court also had jurisdiction under its own pro - cedural rules; • the law applied by the foreign court corresponds to the law designated by Luxembourg conflict-of-laws rules; • the proceedings respected fundamental procedural guarantees, including the rights of defence; • the defendant was properly notified of the pro - ceedings; • the judgment is not contrary to Luxembourg inter - national public policy; • it does not conflict with a decision from a Luxem - bourg court; • it was not obtained by fraud; and • it contains an operative order capable of being enforced. If these requirements are satisfied, the court may issue an exequatur order, after which the claimant serves notice of that order on the defendant. If the require - ments are not satisfied, the court will refuse to declare the judgment enforceable in Luxembourg. As a result, among other things, judgments contra - ry to Luxembourg international public policy, judg - ments rendered in breach of due process or rights of defence, judgments obtained by fraud and judgments that are irreconcilable with another judgment will not be declared enforceable in Luxembourg.
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