Luxembourg quickly reacted to the covid-19 pandemic by implementing temporary procedural rules. These regulations introduced a general suspension of time limits in jurisdictional matters during the state of crisis as well as the adaption of several court procedures – face masks became mandatory and are still compulsory in court proceedings. In addition, electronic communications became widely adopted and sometimes mandatory, such as for the rescheduling of hearings. Covid-19 will have a lasting effect on court procedures as some of the adaptations have become permanent.
The main topic of focus in Luxembourg's courts has been the introduction of a vast reform of Luxembourg's civil procedure, implemented in the light of the increasing number and complexity of cases pending before the courts. The purpose of the reform, which came into force on 16 September 2021, was to streamline the civil procedure. To this end, specific rules governing the pre-trial stage have been introduced and consolidated written submissions in written procedures became mandatory.
When it comes to avoiding pitfalls, it is important to be mindful about prescription periods. The worst thing that can happen to a potential claimant is to lose a winning case due to the consequences of a delay in taking action. Prescription periods can be especially short in the world of business. Potential claimants should thus carefully consider prescription periods each time they are considering a legal action, whether confronted with a situation that could potentially lead to the payment of damages or in the process of recovering claims from their debtors. Considering the above, potential claimants should always seek preliminary legal advice.
In the video below, Robert Goerend discusses how Luxembourg's courts adapted to the covid-19 pandemic and what the recent litigation trends in Luxembourg have been and may be moving into 2022. He also offers guidance to litigants about how to avoid common pitfalls in the process.
For further information on this topic please contact Robert Goerend at Luther SA by telephone (+352 27484 1) or email ([email protected]). The Luther SA website can be accessed at www.luther-lawfirm.lu.