Electronic correspondence with the administrative courts

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Summary:

From your MyGuichet.lu business eSpace, you can file certain procedures with the administrative courts, and receive messages from the courts.

As a barrister (avocat à la cour), you can carry out the following procedures online on MyGuichet.lu:

  • file an application for summary proceedings before the president of the Administrative Tribunal;
  • submit documents (for summary proceedings);
  • submit exhibits (for summary proceedings);
  • file an application or a response to an application.

After filing a procedure online, you will receive the following documents in your MyGuichet.lu business eSpace:

  • a transmission receipt generated by the platform after the submission has been successfully transmitted;
  • a notice of registration generated by the platform once the court clerk has checked the content of the electronic transmission and registered the case;
  • a summons;
  • a decision (order), etc.

Technical restrictions on the submission of electronic and scanned files

Original or scanned version?

When filing submissions, you must comply with the following rules:

  • Files or documents without an electronic signature:
    Submit the original electronic version.
    Example: a press article taken directly from an online news site.
  • Files or documents with (an) electronic signature(s):
    Submit the electronically signed original electronic version.
    Examples: a document that has been signed electronically by the Luxembourg Business Register (LBR); the official PDF version of a legislative text that has been signed electronically by the Ministry of State (Central legislative service).
  • Other cases:
    Submit a scanned version of a paper document that satisfies the quality requirements set out below.
    Example: an official decision or report signed by hand.

Filenames

The characters \ / : * ? " < > | may not be used in filenames.

Quality of scanned documents

If you submit scanned documents, the court clerk will carry out spot checks to assess the quality of the documents.

Please follow the following recommendations for submitting scanned documents:

  • optimise the quality of the digital scans to ensure that the documents submitted are clear, legible and true to their originals;
  • to limit the size of PDF or PDF/A files without loss of quality, set the scanner resolution using the PPI (points per inch) or DPI (dots per inch) setting as follows:
    • text documents: 200 dpi is sufficient for a clearly legible text;
    • images: 300 dpi in colour ensures good visual reproduction.
  • avoid successive printing and scanning, as doing so will result in loss of quality and increase the file size unnecessarily.

Format of documents for submission

The PDF/A format – the ISO 19005-1 standardised version of the PDF format designed for archiving – is required for:

  • applications;
  • statements of case;
  • notices of appointment of a lawyer;
  • mandates issued by the government.

Supporting documents and other documents may be submitted in PDF or PDF/A format.

File size of documents for submission

To ensure successful transmission, individual file sizes should not exceed 15 MB.

How to send and present supporting documents and the administrative file

The documents submitted in support of the application and the statements of case must be attached individually to the electronic transmission, along with a list of the documents being submitted.

The list of documents is an exhaustive list of the documents attached to the application and to the statement of case, showing the filename of each document. The filename must include:

  • a number, with the documents numbered sequentially in ascending order; and
  • a name that clearly indicates what the document is.

The administrative file must be submitted via the platform, and each supporting document must be uploaded individually. A list of all of the documents included in the administrative file must also be submitted. The list of documents must show the filename of each document, and the filename must include:

  • a number, with the documents numbered sequentially in ascending order; and
  • a name that clearly indicates what the document is.

Who is concerned

Any barrister (registered on List I of the roll of a Bar Association established in Luxembourg), or any barrister representing a legal entity practising as a law firm (registered on List V of the roll of a Bar Association established in Luxembourg).

Prerequisites

Business eSpace

To be able to file a procedure with the administrative courts online, you must have a business eSpace.

How to create a business eSpace on MyGuichet.lu

There are 2 possible scenarios:

  1. You are a new user of MyGuichet.lu. You must:
    • first register on MyGuichet.lu; and
    • then create a business eSpace.
  2. You already have a private eSpace on MyGuichet.lu. You can directly create a business eSpace without having to register again.

Further information as well as tutorials in relation with the business eSpace are available in our dedicated help page.

Certification of the business eSpace

Your business eSpace must be certified by the relevant Bar Association.

You must apply for this certification online through your MyGuichet.lu business eSpace (see the procedure 'Barreau – Demande de certification ou d’actualisation de mon espace professionnel Avocat' (Bar – Apply for certification or updating of my Lawyer business eSpace)).

This procedure requires a LuxTrust product or an electronic identity card (eID).

You can also view our help page on the certification of a business eSpace.

If you wish to create several business eSpaces for organisational reasons, you must apply for certification for each of these eSpaces separately.

To file a submission in your own name, you must use a business eSpace that you have had the Bar certify as a personal business eSpace (see 'Online services and forms' - Demande de certification ou d’actualisation de mon espace professionnel Avocat - Apply for certification or updating of my Lawyer business eSpace).

To file a submission on behalf of a legal entity practising as a law firm, you must use a business eSpace that you have had the Bar certify, specifying all of the details relating to the legal entity registered on List V (in particular the name of the firm, the RCS number, membership of the list and membership of the Bar (see 'Online services and forms' - Demande de certification ou d’actualisation de mon espace professionnel Avocat - Apply for certification or updating of my Lawyer business eSpace).

Delegation and collaboration

Business eSpaces are designed to facilitate collaboration and organisation. For further information, see the help page on how to add a user to a business eSpace.

Costs

Filing online procedures and submitting documents are free of charge.

Requête introductive d’instance (application to initiate proceedings) before the Administrative Tribunal (Article 1, L. 21.06.1999)

This procedure is currently unavailable.

Requête en référé (application to initiate summary proceedings) before the president of the Administrative Tribunal (Article 12bis, L. 21.06.1999)

Applying for summary proceedings

This procedure is reserved for summary proceedings – Article 12(a) of the Law of 21 June 1999 (as amended) establishing rules of procedure before the administrative courts – in connection with administrative decisions issued by the government.

It is available to barristers (avocats à la Cour) only.

Applications for summary proceedings may be filed through your certified MyGuichet.lu business eSpace.

The application, a list of all documents being submitted, the documents themselves, and the contested administrative decision(s), must be attached at the end of the procedure.

The list of documents must mention all of the documents attached to the application. The listed documents and the documents themselves must be numbered sequentially in ascending order, and each document must have a filename that clearly indicates what it is (see Article 12(a) §2 of the Law of 21 June 1999, as amended).

This procedure requires a LuxTrust product or an electronic identity card (eID).

Requête introductive d’instance (application to initiate proceedings) before the president of the Administrative Tribunal

This procedure is currently unavailable.

Requête introductive d’instance (application to initiate proceedings) before the Administrative Court

This procedure is currently unavailable.

Requête en appel (application for leave to appeal) before the Administrative Court (Article 39, L. 21.06.1999)

This procedure is currently unavailable.

Submitting a statement of case

This procedure is currently unavailable.

Submitting supporting documents

This procedure is reserved for summary proceedings – Article 12(a) of the Law of 21 June 1999 (as amended) establishing rules of procedure before the administrative courts – in connection with administrative decisions issued by the government.

When necessary, you can file supporting documents online through your certified MyGuichet.lu business eSpace.

The following types of supporting documents can be filed:

  • documentary evidence;
  • confidential documents;
  • administrative files;
  • confidential administrative files;
  • tax files;
  • confidential tax files;
  • contested administrative decisions;
  • identity documents;
  • lists of documents.

This procedure requires a LuxTrust product or an electronic identity card (eID).

Submitting other documents

This procedure is reserved for summary proceedings – Article 12(a) of the Law of 21 June 1999 (as amended) establishing rules of procedure before the administrative courts – in connection with administrative decisions issued by the government.

When necessary, you can file other types of documents online through your certified MyGuichet.lu business eSpace.

The following types of documents can be filed:

  • letters addressed to the president;
  • letters addressed to the court clerk;
  • written arguments;
  • writs and court decisions;
  • notices of appointment of a barrister;
  • retainer agreements;
  • mandates issued by the government, etc.

This procedure requires a LuxTrust product or an electronic identity card (eID).

Submitting an application or a response to an application

Applications, accompanied by supporting documents (where applicable) and the list of documents, may be submitted online through your certified MyGuichet.lu business eSpace.

The following types of applications and responses can be filed:

  • application for de-registration;
  • application for discontinuance;
  • response to an application for de-registration;
  • response to an application for discontinuance;
  • application for an engrossment;
  • application for an extract from court records;
  • application for a certificate of non-appeal or non-recourse;
  • application for a new hearing.

Online services and forms

Who to contact

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Related procedures and links

Procedures

Links

Further information

Legal references

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