LUXEMBOURG Law and Practice Contributed by: Fabio Trevisan and Laure-Hélène Gaicio-Fievez, BSP
are filed directly with the Court of Appeal. The district courts have jurisdiction to rule on dis- putes above EUR10,000 in civil and commercial matters. The district courts also sit as criminal courts ( Chambre correctionnelle et Chambre criminelle du Tribunal d’arrondissement ). The Court of Appeal The Court of Appeal reviews first-instance judg- ments rendered by the district courts in civil, commercial and criminal matters and judgments of the employment tribunals. The Supreme Court (Cour de Cassation) The Supreme Court has jurisdiction to review decisions of the Court of Appeal and certain other decisions that are not subject to further appeal. However, its scope is limited to ques- tions of law. The Administrative Courts These courts have jurisdiction on matters relat- ed to administrative and tax disputes, and are organised into a two-tiered structure: the Admin- istrative Tribunal and the Administrative Court of Appeal. The latter acts as the Supreme Court for administrative matters. To commence proceedings in Luxembourg, a summons is issued to the counterparty, who has a term to appoint a lawyer. The term depends on the place of residence of the defendant. In civil cases, once the matter is filed with the court, a magistrate is assigned to manage the case. The magistrate oversees procedural aspects, such as issuing notices for the submis- sion of defence and reply briefs. When the case is deemed ready, a trial date is scheduled. The timeline to reach the pleadings stage typically ranges from 12 to 18 months, although this var- ies based on factors such as the number of par-
ties involved, the complexity of the case, and the parties’ willingness to expedite proceedings. Commercial cases, by contrast, are generally resolved more quickly. 1.3 Court Filings and Proceedings In Luxembourg, court filings are not open to the public. As a rule of law, proceedings must be open to the public, unless such publicity is dangerous to public order or morals, in which case the court must declare this in a judgment (Article 88 of the Constitution). 1.4 Legal Representation in Court To practise as a lawyer in Luxembourg, one must be registered with the Luxembourg Bar Associa- tion. This also applies to EU lawyers who wish to practise in Luxembourg under their home coun- try’s professional titles. If an EU lawyer is not registered with the Lux- embourg Bar Association and wishes to pro- vide legal representation in the Grand Duchy of Luxembourg, assistance by local counsel is required. There are different categories of practising law- yers in Luxembourg, which are divided up into lists kept by the Luxembourg Bar. In written pro- ceedings, a litigant must be represented by a fully qualified lawyer ( avocat à la cour ) (List I). Only lawyers qualified as avocat à la cour (List I) can represent parties before the Constitutional Court, the administrative courts, the Superior Court of Justice and the district courts sitting in civil matters, file briefs for such parties, and receive their exhibits in order to present them to the judge.
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