The New Code of Civil Procedure in Luxembourg has undergone a substantial transformation owing to the enactment of the Law of 15 July 2021. The objective of these changes is to streamline and modernize the country’s civil and commercial justice system, curtail the expenses and duration of legal proceedings, and enhance access to justice. This article scrutinizes the principal changes that the Law of 15 July 2021 has introduced to the New Code of Civil Procedure in Luxembourg, while also contemplating their plausible impact on the efficiency and accessibility of the civil and commercial justice system. 

Improving access to justice: simplifying procedures before the District Courts and increasing the thresholds of the Peace Courts  

The Law of 15 July 2021 in Luxembourg introduces three important measures aimed at simplifying and improving access to justice. 

Firstly, it institutes a simplified procedure in front of the district court for disputes implying a monetary value of €100,000 or less, with only one claimant and one defendant involved. This method enforces rigorous time limits, with foreclosure as a possible consequence, and confines exchanges between parties to two written submissions. The fundamental aim of this measure is to curtail the duration and expenses of legal proceedings, particularly for cases that are less intricate in nature. 

Secondly, it is mandated by law that parties submit “conclusions de synthèse” or memorandum summaries, which serve to streamline the legal process by consolidating all arguments into a single document filed by each party before the District Courts. This amendment is anticipated to alleviate the burden on the judges and enhance the efficiency of the legal process, thereby ensuring that all arguments are presented in a unified and comprehensive manner. 

Thirdly, the Law of 15 July 2021 pertains to the increase in the threshold of competence of the peace courts in Luxembourg. As per Article 2 of the NCPC, the jurisdictional competence of the justice of the peace has been elevated from €10,000 to €15,000. This enhancement in the jurisdictional competence of the peace courts provides a more accessible and cost-effective avenue for the resolution of disputes for litigants with lower-value claims. It should be noted that the representation and assistance of a lawyer is not obligatory for any litigant, including individuals, companies, and other entities, in all disputes and proceedings before the peace courts. 

These measures significantly improve access to justice by reducing the complexity and cost of legal proceedings, especially for individuals and small businesses. The simplified procedure allows parties to resolve disputes more efficiently, while the requirement for memorandum summaries provides a clear overview of the parties’ arguments, making the legal process more transparent and accessible to non-legal professionals. By streamlining legal proceedings and reducing the barriers to access justice, the Law of 15 July 2021 in Luxembourg ensures that all parties have equal access to legal remedies, regardless of their financial means or legal expertise. 

Strengthening the efficiency of justice 

The Law of 15 July 2021 in Luxembourg introduces three important measures to strengthen the efficiency of justice. 

The effectiveness of the justice system has been significantly reinforced by the recent law passed on July 15, 2021 in Luxembourg. In particular, the role and authority of the ‘juge de la mise en état’ or ‘case management judge’ have been augmented, granting them exclusive jurisdiction over a range of legal matters until such time as they are replaced. Under the new law, the case management judge will possess exclusive jurisdiction to adjudicate on issues of nullity arising from procedural defects, as well as any dilatory objections that may be raised. In addition, they will also have the authority to rule on objections of lack of jurisdiction and pleas of public order, thereby streamlining the legal process and reducing the workload of other judicial bodies. The objective of this legal reform is to strengthen the efficiency and effectiveness of the Luxembourgish justice system by empowering the case management judge to resolve a broader range of legal disputes that were used to delaying the outcome of a dispute. 

Furthermore, the new law introduced in July 2021 requires litigants to obtain authorization from the court to appeal an intermediary judgment. To obtain authorization, the litigant must file a request with the court within 30 days of the decision being issued. The decision on the request for authorization to appeal is considered final and binding, and therefore, is res judicata.  

Lastly, one such modification relates to the formalization of appeals against decisions rendered by the peace courts. Under the new rules, such appeals will be governed by the oral procedure, thereby rendering it non-obligatory for appellants to retain the services of an attorney in all instances of appeal (as provided in Articles 114 and 547 of the NCPC). 

Miscellaneous 

One important change made by the law of 15 July 2021 is that decisions involving a monetary value of less than € 2,000 can no longer be appealed. This means that if a decision is made in a legal case that involves a monetary value of less than € 2,000, the decision is considered final and cannot be challenged or appealed to a higher court of final instance.  

The law now mandates that lawyers be sent a copy of the court calendar by email. This is intended to help lawyers keep track of upcoming court dates and deadlines. This change is part of a broader effort to modernize the legal system and make it more efficient and accessible to all. 

Another important change introduced by the law of 15 July 2021 is the new written procedure for requesting an interpretation of a court decision. Under the new rules, parties can request an interpretation if they find a court decision unclear or ambiguous. This new set of rules aims to improve the clarity of court decisions and to reduce disputes that may arise from unclear language in court orders. 

Conclusion 

The Law of July 15, 2021, has enacted significant modifications to Luxembourg’s New Code of Civil Procedure. The purpose of these changes is to modernize and streamline the civil and commercial justice system, minimize the expense and duration of legal proceedings, and enhance access to justice. The revisions include the option of electronic transmission of legal documents, an increase in the jurisdictional threshold of the justice of the peace, the establishment of a simplified procedure before the district court, and alterations to appeals against judgments. 

Overall, the changes are anticipated to augment the efficiency and accessibility of the civil and commercial justice system, particularly for less intricate cases. The introduction of electronic transmission of legal documents and the rise in the jurisdictional threshold of the justice of the peace are expected to improve the speed and efficiency of the legal process. The simplified procedure before the district court is anticipated to lessen the cost and duration of legal proceedings, while the modifications to appeals against judgments are expected to enhance the efficiency of the appeals process and reduce the backlog of cases. Nevertheless, it remains to be seen how these changes will function in practice and whether they will accomplish the desired objectives. The implementation of the Law of July 15, 2021, will be closely monitored to assess its impact on the civil and commercial justice system in Luxembourg.