Citizens may challenge any legal act issued by a government administration department: building permits, tax amounts, withdrawal of a driving licence, refusal to grant a residence permit, etc. Accordingly, the Luxembourg administrative courts can rule on disputes between private individuals and the public authorities (i.e., the State, communes and public-sector establishments and enterprises).

The administrative courts are composed of the Administrative Court and the Administrative Tribunal. The members of the administrative courts are exclusively independent, professional and irremovable judges.

Who is concerned

In principle, any natural or legal person directly affected by an administrative decision may appeal.

Prerequisites

Legal representation

Representation by a barrister (avocat à la Cour) is mandatory before the Administrative Tribunal. However, there are legal exceptions to this, for example in cases concerning taxation (direct taxes) or municipal fines.

Representation by a barrister is always mandatory before the Administrative Court.

Jurisdiction

The Administrative Tribunal has authority in the first instance to hear and rule on:

• appeals against individual administrative decisions issued by government authorities, communes or certain other public legal entities;
• direct appeals against administrative acts of a regulatory nature.

The president of the Administrative Tribunal has the authority to hear and rule on petitions aimed at implementing provisional measures in appeals brought before the Administrative Tribunal ('administrative summary proceedings').

The Administrative Court has authority at the appellate level (second instance) to hear and decide on appeals brought against the judgments of the Administrative Tribunal, barring certain exceptions in international protection matters. Nevertheless, the orders of the president of the Administrative Tribunal in administrative summary proceedings are not subject to appeal.

The Administrative Court is not a court of cassation, but has the authority to hear cases again.

Prerequisites for appeal before the Administrative Tribunal

The addressee of the legal act who is lodging the complaint and any third party who has an interest in bringing proceedings – in other words, anyone who is personally affected by an administrative act – may bring the matter before the Tribunal (class or public‑interest actions are not permitted).

Prerequisites for a summary proceeding

The president of the Administrative Tribunal may suspend enforcement of an administrative decision (petition for suspension) if 2 conditions are met:

• there is a risk of serious and irreparable harm;
• a serious doubt exists as to the legality of the legal act at issue.

 

Deadlines

Submission of the application before the Administrative Court

In principle, and barring certain legal exceptions, the time limit for challenging an administrative decision is 3 months from when the person concerned was notified of the decision and advised on the legal remedies available.

The time limit is calculated:

• either from the notification of the contested act (when received by post or in person);
• or from its publication (in the Official Journal) or public display (for example, on a noticeboard in the town hall), in the case of a regulatory act or an individual act where the beneficiary is a third party.
  

Appeal before the Administrative Court

As a rule, and without prejudice to special provisions, an appeal may be lodged within a period of 40 days.

Barring certain legal exceptions, the respondent has one month from the service of the appeal in which to file their response; the appellant and the respondent then have one month in which to file their reply and rejoinder respectively. The Administrative Court generally gives its decision within 5 months of the judgment at first instance.

Costs

In principle, access to justice is free of charge.

However, submitting an application before the administrative courts may incur certain fees:

• expenses: these are costs generated by any activities necessary for the investigation (such as experts' fees);
• legal fees.

The unsuccessful party is ordered to pay court costs, which only represent a small proportion of the total costs, given that each party must cover their own legal fees regardless of the outcome of the case. In certain cases and on request, the administrative judge may award a procedural cost indemnity.

A party who is in need may apply for legal aid, which allows to cover some or all of the legal fees by the State. The President of the Bar Association in the applicant's place of residence, or their deputy, will decide whether or not legal aid should be granted. If there is no place of residence, the decision will be taken by the President of the Luxembourg Bar Association (Conseil de l'Ordre de Luxembourg) or their deputy.

How to proceed

Submission of the request

Before the Administrative Tribunal

The request may be submitted directly to the court clerk at the Administrative Tribunal, or sent by post, preferably with return receipt so that it can be tracked.

The litigation procedure is written. The applicant must be represented by a lawyer, except in taxation cases at first instance. The applicant must set out the facts of the case, together with their claims, on plain paper. This must be:

• accompanied by any supporting documents the applicant deems relevant to the case – and in any event the contested decision, where this exists in writing; and
• filed with the court clerk at the Tribunal.

If the defendant is not the State, the statement of claim must be served on the defendant by a bailiff.

Filing statements of case

As a rule, in an appeal before the Administrative Court (except for summary proceedings), the time limits for filing the various statements of case are set by law. The defendant has 3 months from the service of the statement of claim to file their response. The applicant then has one month in which to file a reply, after which the defendant has one month in which to file a rejoinder. In principle, the filing of additional statements of case is not permitted.

Hearing and judgment of the Administrative Tribunal

The Tribunal then sets a hearing for oral arguments, usually within a month of the filing of the rejoinder. The judgment is handed down within at least one month of the oral procedure. Where the Tribunal orders investigatory measures (site visits, collection of evidence, expert reports, etc.), the time limits are extended accordingly and the parties are granted, after the execution of the investigatory measures, the right to file additional statements of case.

Application for a summary proceeding before the president of the Administrative Tribunal

The application for an interim measure must be submitted in the form of a written request filed with the court clerk at the Administrative Tribunal.

In principle, the rest of the procedure is oral, since the hearing for oral arguments is promptly set and the defendant must state their views on the application orally. However, the president, or the judge acting in the latter's place, will make a reasoned order in writing.

Appeal before the Administrative Court

An application for leave to appeal must always be signed by a barrister.

Stay of execution – safeguard measure

The judgment handed down by the Administrative Tribunal has no suspensory effect, unless the Tribunal decides otherwise.

Since a judicial appeal has no suspensory effect, barring certain exceptions, the applicant may apply to the president of the Administrative Tribunal for:

• a stay of execution of the contested decision; or
• a safeguard measure.

The president does not rule on the main proceedings (for example, they cannot annul a decision), but can grant swift provisional measures to protect the rights and freedoms of the persons concerned. The president rules by way of court order.

Appeals against the decisions of the administrative courts

Orders issued by the president of the Tribunal are not subject to appeal; however, they are not effective until the judgment on the substance has been given.

As with criminal and civil matters, appeals on points of law are not admissible against Administrative Court decisions.

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