Magistrate's Court
Magistrates' Courts represent the first step in Luxembourg's justice system. They comprise:
- a Magistrate's Court: holding jurisdiction over certain civil and business matters, most notably payment orders, attachment orders and matters of leasing;
- a Police Court: holding jurisdiction for certain criminal matters;
- a Labour Tribunal: holding jurisdiction for certain labour-related matters.
There are 3 Magistrates' Courts:
- The Magistrates' Court of Luxembourg covers the cantons of Luxembourg, Grevenmacher, Mersch and Remich, as well as the communes of Garnich, Hobscheid, Kehlen, Koerich, Kopstal, Mamer, Septfontaines and Steinfort;
- The Magistrates' Court of Esch-sur-Alzette covers the canton of Esch-sur-Alzette and the communes of Bascharage, Clemency and Dippach;
- The Magistrates' Court of Diekirch covers the cantons of Diekirch, Clervaux, Echternach, Redange, Vianden and Wiltz.
Those wishing to determine the canton in which a town or commune is located may consult:
- the page for each commune in the Directory of Luxembourg Communes on the Syvicol website;
- the Land Registry and Topographical Administration website.
The amount in dispute in private, business or summary proceedings must not exceed:
- EUR 2,000 in the case of a decision in the first and last instance; or
- EUR 15,000 for an appeal.
The Courts of Appeal, which fall under the Supreme Court of Justice, may hear appeals against the rulings of the Labour Tribunals.
District Courts may hear appeals against decisions handed down by the Magistrates' Courts.
The Magistrate's Court
The Magistrate's Court is composed of a justice of the peace (juge de paix), who oversees court cases in civil and commercial matters involving assets of up to EUR 15,000 in value.
Exceptions:
The justice of the peace also holds jurisdiction in certain matters even if the assets in question exceed EUR 15,000 in value.
Examples: rental lease matters, seizures and attachments, applications for personal insolvency, etc.
On the other hand, the justice of the peace has no jurisdiction in certain matters even if the value of the assets in question is less than EUR 15,000.
Examples: divorce cases, actions involving filiation, adoption matters, bankruptcy filings and subsequent related actions, etc.
The procedure for filing a lawsuit with the Magistrate's Court depends on the nature of the dispute.
The justice of the peace issues a last-instance ruling in disputes where the disputed assets do not exceed EUR 2,000 in value.
District Courts may hear appeals against decisions handed down by the Magistrates' Courts.
The Police Court
Each Magistrate's Court has one or more magistrates who act as police judge.
The Police Court is made up of:
- a police judge; and
- a representative from the public prosecutor's office.
The Police Court hears criminal cases concerning minor offences and certain acts of misdemeanour.
The Labour Tribunal
The Labour Tribunal holds jurisdiction over disputes in connection with:
- employment contracts;
- apprenticeship contracts;
- supplementary pension schemes;
- insolvency insurance.
The Labour Tribunal is made up of:
- a justice of the peace serving as president; and
- 2 examiners, one of whom is elected from the Professional Chamber of Employers, and the other from the Professional Chamber of Employees.
The president of the Labour Tribunal can issue interim orders, i.e.
- order conservatory or restorative measures to prevent imminent damage or put an end to a manifestly unlawful disturbance;
- order any relevant measure, including the hearing of witnesses, in order to preserve the integrity of evidence;
- grant interim payments to the creditor in cases where the existence of the obligation cannot be seriously disputed;
- order employers to stop any acts deemed to be equivalent to sexual harassment;
- impose fines upon request by the opposing party.
The Courts of Appeal, which fall under the Supreme Court of Justice, are competent in matters of appeal against the rulings of the Labour Tribunal.
-
Magistrate's Court
- Address:
- Luxembourg
-
Magistrate's Court Magistrate's Court of Diekirch
- Address:
- 8-10, Place Joseph Bech L-9211 Diekirch
- Phone:
- (+352) 80 88 53-1
- Fax:
- (+352) 80 41 90
-
Magistrate's Court Magistrate's Court of Esch-sur-Alzette
- Address:
-
Place Norbert Metz
L-4239
Esch-sur-Alzette
L-4006
- Phone:
- (+352) 530 529 200
- Fax:
- (+352) 530 529 304
-
Magistrate's Court Magistrate's Court of Luxembourg
- Address:
- Cité judiciaire - Plateau du Saint-Esprit - Building JP L-2080 Luxembourg
- Phone:
- (+352) 47 59 81-1
- Fax:
- (+352) 46 54 34
2 of 4 bodies shown
Last update