1 minute read
The country offers a predictable and efficient forum for civil and commercial disputes. As a civil‑law system, legislation remains the primary source of law, complemented by case law from the higher courts, academic doctrine and the constitutional hierarchy of norms. The court structure spans multiple levels, from the Justices of the Peace to the District Courts, Court of Appeal and Court of Cassation, supported by specialised administrative and social security courts, and a Constitutional Court that handles preliminary constitutional review.
Alternative dispute resolution continues to play an important role. Mediation agreements can be made enforceable, and domestic and foreign arbitral awards benefit from streamlined exequatur procedures under the New York Convention and the recently modernised arbitration framework.
This year’s case law includes a noteworthy ruling by the Court of Cassation affirming the “right to be forgotten” in a high‑profile privacy case, illustrating the evolving balance between privacy rights and press freedom. Another significant development is the adoption of a collective redress mechanism transposing the EU Representative Actions Directive, allowing accredited organisations to bring group claims on behalf of consumers.
Cross‑border litigation remains straightforward. Modernised rules govern service of documents abroad, and enforcement of foreign judgments is efficient under Brussels I Recast or via exequatur for judgments from outside the EU. Forthcoming alignment with the 2019 Hague Judgments Convention will further enhance predictability for UK‑Luxembourg enforcement. Robust legal privilege, clear disclosure rules and a mature framework for evidence all reinforce the jurisdiction’s reputation as a trusted venue for resolving complex disputes.
