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Commercial Litigation in Luxembourg

Commercial Litigation in Luxembourg

Updated on Wednesday 31st August 2016

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Commercial-litgation-in-LuxembourgAll companies in Luxembourg are required to conclude agreements with other companies in order to be able to carry out economic activities. Many of these companies will also find themselves in a commercial dispute at some point. Whether with clients, business associates or even their employees, commercial litigation may take many forms.

The resolution of commercial disputes falls under the governance of the Civil and Commercial Laws. Our attorneys in Luxembourg offer legal assistance to corporate clients facing a commercial dispute.

Settling commercial litigation in Luxembourg

The Luxembourg Civil Code, which is based on the French one, is the main source of law for settling commercial litigation cases. The court system is comprised of a constitutional court, an appellate court, a court of cassation, local and magistrate courts, also known as district courts. The latter deal with the resolution of both civil and commercial disputes. There are two district courts in Luxembourg: the one in Diekirch and the one in Luxembourg City.

Commercial claims with values below 10,000 euros are tried by the local courts, while claims with amounts higher than this sum will fall under the jurisdiction of the district courts in Luxembourg. Commercial courts are chambers constituted by judges in the district court and have special regulations.

Our Luxembourg attorneys can offer more information on commercial courts in the Grand Duchy.

Limitations and remedies in commercial disputes in Luxembourg

The Luxembourg Civil Law provides for a limitation period of 30 years in all civil and commercial claims tried under Civil Procedure Code. On the other hand, the Commercial Law provides for a 10-year limitation period on claims related to commercial disputes in the case of traders, professionals and consumer claims.

The remedies to be issued by the courts after the resolution of a commercial litigation may consist in allocating damage payments, injunctions for respective contractual terms or even to fulfill the obligation of a contract.

For complete information on the resolution of commercial disputes in Luxembourg, please feel free to contact our local law firm. You can also rely on our Luxembourg law firm if you need representation before the courts of law.

 

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