The Magistrate's Court forms the first step in the judicial structure. There are 3 Magistrates' Courts in the Grand-Duchy of Luxembourg: one in Luxembourg City, one in Esch-sur-Alzette and one in Diekirch.
The Luxembourg Magistrates' Court 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 Magistrate's Court of Diekirch includes the cantons of Clervaux, Diekirch, Echternach, Redange, Vianden and Wiltz.
In order to determine which towns or communes are located in a particular administrative district, you can consult your commune's fact sheet in the Luxembourg commune directory on the Syvicol website.
The magistrate's court is composed of a:
- a magistrate's court;
- a police court;
- a labour tribunal.
The Magistrate's Court
The magistrate's court is composed of a court magistrate (juge de paix), who oversees court cases in civil and commercial matters with a maximum value of EUR 10,000.
The court magistrate is also competent in certain matters even if they exceed the value of EUR 10,000.
Examples: rental lease matters, seizures and attachments, applications for personal insolvency, etc.
On the other hand, the court magistrate is not competent in certain matters even if the value is less than EUR 10,000.
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 police court
Each magistrate's court has one or more court magistrates who act as police judge. The police court is made up of one police judge and a representative of the public prosecutor's office.
The police court oversees criminal cases concerning minor offences and certain acts of misdemeanour.
The labour tribunal
The labour tribunal has a court magistrate who is the president of the court and 2 assessors where one is chosen among the employers and the other among the employees.
The labour tribunal is compentent in matters of:
- employment contracts;
- apprenticeship contracts;
- supplementary pension schemes;
- insolvency insurance.
The president of the labour tribunal can issue interim orders, i.e.:
- order conservatory measures or measures of restoration with the aim to prevent imminent damage or to put an end to a manifestly unlawful disturbance;
- order any useful 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.