LUXEMBOURG Law and Practice Contributed by: Fabio Trevisan and Laure-Hélène Gaicio-Fievez, BSP
7.6 Extent to Which Hearings Are Open to the Public Court hearings are generally open to the pub- lic. However, should the court deem that public access poses a threat to public order or morality, it may opt for a closed hearing, a decision that would be declared by judgment. Regardless, all judgments are announced publicly. Transcripts of hearings are not made available. 7.7 Level of Intervention by a Judge Judges’ powers are strictly regulated by the NCPC, allowing them limited leeway. They may, however, order various investigative measures. Typically, decisions are not rendered immedi- ately but at a subsequent date. 7.8 General Timeframes for Proceedings The duration of the trial depends on the type of procedure: the oral procedure (applicable in commercial matters) is, in principle, significantly shorter than the written procedure. Written pro- ceedings may last between one and two years, accounting for any appeals. On the other hand, oral proceedings usually see a span of 8 to 12 months between the initial referral and the deliv - ery of a first-instance judgment. 8. Settlement 8.1 Court Approval The court’s approval is not required to settle a lawsuit. 8.2 Settlement of Lawsuits and Confidentiality The parties may require that the agreement they have reached remain confidential. A confidenti- ality clause should then be included in the agree- ment. In the absence of a confidentiality clause,
the parties may freely use the agreement in sup- port of a legal claim. 8.3 Enforcement of Settlement Agreements Settlement agreements are enforceable in the same manner as any other contract. 8.4 Setting Aside Settlement Agreements A settlement agreement can be set aside in a number of cases, namely in the event of fraud or violence, or in the event that the settlement is based on documents that have been found to be forged. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant A party may obtain either damages or compen- sation in kind in cases where this is possible. Where remedies in kind are possible, the courts will order this remedy first. Here are a few exam- ples of remedies that can be sought: • compensation in the form of damages; • injunctions to either take action or refrain from certain actions; and • injunctions to enforce the fulfilment of con- tractual obligations. 9.2 Rules Regarding Damages Punitive damages are forbidden under Luxem- bourg law; the general rule is that a party can only be granted the amount of damages equal to the actual damage incurred. In contractual mat- ters, parties can pre-emptively include clauses that stipulate the amount of damages in the case of breach. However, such clauses can be re-evaluated by the court.
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