Status of Digitalisation of ESCP Enforcement Procedures

Luxembourg accepts postal service as a means of communication. Electronic means of service and communication are not yet admissible under their rules of procedure.

ESCP Procedural Aspects

1. Competent Enforcement Authority

Competent court to hear the European Small Claims Procedure is the Justice of the Peace (article 143-1 of the New Code of Civil Procedure, NCPC hereafter). The court with territorial jurisdiction is that of the place where the defendant lives.

There are currently no national statistics on the frequency of hearings in this area.

The procedure followed is the written procedure. However, it follows the rules of the oral procedure in Luxembourg law. This implies that the judge takes into account the arguments presented orally by the parties during the hearing. The parties have the possibility to be accompanied by a lawyer, even if representation is not mandatory.

2. Rules on Service

The competent authority to notify the decision is the clerk’s office of the competent court, this notification is done by registered letter with acknowledgement of receipt (article 143-1 of the NCPC). There are no costs.

3. Language of the Certificate and Documents to be Appended

Luxembourg accepts both French and German.

4. Enforcement Fees

There are no legal fees to be paid to the competent court in Luxembourg in the framework of the European Small Claims Procedure.

However, after a judgment, court costs are incurred in the execution of the decision and at the request of the successful party. There are no court costs, even for the unsuccessful party.

5. Refusal, Stay, or Limitation of ESCP Enforcement Procedures

There is no provision in domestic law for such procedures.  

Only the European Regulation provides that enforcement may be limited or suspended when the decision settling a small claim is subject to appeal or review. Enforcement may therefore be limited to precautionary measures, made subject to the provision of security or suspended.

Enforcement may be refused in the presence of an earlier incompatible decision by any Member State or third party if:

– The previous decision was rendered between the same parties, in a dispute with the same cause,

– It has been rendered in the State of enforcement or is likely to be recognized there,

– It could not be invoked during the proceedings.

Critical Assessment

The European small claims procedure is not well known in Luxembourg.

The number of decisions rendered

(published figures: Courts of Justice, Activity Report 2021)

YearDecisions rendered

The training of legal professionals (magistrates, lawyers, bailiffs) and the information provided to the public must be reinforced.