LUXEMBOURG Law and Practice Contributed by: Fabio Trevisan and Laure-Hélène Gaicio-Fievez, BSP
Fines (that may increase over time) can also be levied by the court for non-compliance, should a party request this. 9.3 Pre-judgment and Post-judgment Interest At the request of the successful party, the court may effectively award interest based on the peri- od before the judgment is rendered. The interest rate is set by law or possibly by contract. Interest only accrues on monetary sums. Finally, interest accrues respectively from the date of formal notice, the filing of the legal claim or the occurrence of the damage. 9.4 Enforcement Mechanisms of a Domestic Judgment A judgment is executed at the request of the applicant. To do so, the applicant may ask the court for the provisional execution of the judg- ment (in cases where it is authorised). In the event of refusal, it will be necessary to wait until the judgment can no longer be appealed. In any event, the judgment must be served on the opposing party. 9.5 Enforcement of a Judgment From a Foreign Country With the enactment of Regulation Brussels I Bis effective from 10 January 2015, a judgment from another EU member state can be directly enforced in Luxembourg without requiring the approval of a Luxembourg court. The claimant can directly approach the relevant enforcement authorities, including bailiffs, for this purpose. This is in line with Article 36 of the Regulation, which endorses the mutual recognition of judg- ments between EU member states. However, the judgment must be formally served on the recipient before enforcement begins.
For countries outside the EU where no inter- national treaty applies, the recognition and enforcement of foreign judgments (exequatur order) must be sought from the competent court by means of a writ of summons. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation With regard to disputes falling within the juris- diction of the courts, the district courts hear appeals from judgments (the value of which exceeds EUR1,250) rendered at first instance by the justice of the peace. In addition, the Court of Appeal reviews cases already decided in the first instance. Finally, the Court of Cassation reviews the judg- ments handed down by the courts and the Court of Appeal (only on points of law). With regard to disputes falling within the juris- diction of the administrative courts, the admin- istrative courts hear appeals from judgments rendered by the administrative court. The Constitutional Court rules on the constitu- tionality of laws. 10.2 Rules Concerning Appeals of Judgments In principle, all judgments can be appealed as long as they settle relations between the par- ties definitively, subject to compliance with the applicable time limit. In addition, some intermediate judgments (eg, a decision ordering an expert opinion) may also be appealed.
835 CHAMBERS.COM
Powered by FlippingBook