There are series of procedures that has to be followed before enforcing a foreign judgment in Luxembourg such as the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; the convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters and the 1988 Lugano Convention (which is applicable for the applicants from England, European Union, Iceland, International, Norway, Switzerland, Wales). All three of the above contains similar provisions that have to be followed by the applicants.
The execution of a judicial decision in a Member State on the territory of Luxembourg means to first declare the judgment enforceable in the territory of execution. To do this, a request for a declaration of enforceability to the competent authority in the executing Member State must be filled. The request must be then submitted to the competent authority.
These authorities may be the physically competent authority (the application must be submitted to the competent authority designated by each Member State); the territorially competent authority( jurisdiction shall be determined by the domicile of the party against whom enforcement is sought or of the place of execution) or the applicant may find the coordinates of the competent authority using the European Judicial Atlas in Civil and Commercial Matters posted by the European institutions (it is a tool for legal professionals to handle easily European instruments applicable in the matter and allowing the identification of the courts and other competent authorities which to use for various purposes).
In Luxembourg, the application is made by way of petition signed by a barrister in court within whose jurisdiction enforcement is sought.
Along with the application the party applying for a declaration of enforceability must deliver a copy of the judgment which satisfies the conditions necessary to establish its authenticity and a certificate provided by the court or competent authority of a Member State where a judgment was given.
The Luxembourgish court required to provide a declaration of enforceability may require a translation of documents. The translation must be certified by a person qualified to do so in one of the Member States.
The court conducts purely formal checks of the documents produced. The party against whom enforcement is sought shall not make any submissions at this stage of the proceedings. After the formalities check, the court shall issue its decision declaring enforceability.
This decision is delivered to the applicant on terms determined by the law of the Member State of the court seized. In Luxembourg, enforcement order is notified to the applicant's attorney by registered letter to the court registrar. The decision must then be served on the party against whom enforcement is sought, accompanied by the decision if it has not yet been served on that party.
An appeal against the decision may be lodged within one month of service if the party against whom enforcement is sought is domiciled in the territory of the Member State in which the declaration of enforceability has been issued and within two months of its notification in person or at home if the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was issued.
Against the decision rejecting the application for enforcement, the applicant may appeal to the Superior Court of Justice sitting in appeal. This appeal must be filed within one month of the notification of the refusal. It is formed by a bailiff, containing summons to the party against whom enforcement is sought. The decision on the appeal may be an appeal in the manner and deadlines of civil law.
Against the decision authorizing enforcement, the party against whom enforcement is sought may appeal to the Superior Court of Justice sitting in appeal. This appeal must be filed within one month of notification of the decision, if the caller is domiciled in the country and within two months of the service is made in person or at home when residing abroad. It is introduced by a bailiff summons containing the party pursuing enforcement, meant to address. The decision by the Court may be appealed to the Supreme Court in the forms and deadlines of the civil law.
There are no comments