COVID-19 : Rules applicable on the suspension of delays in jurisdictional matters, and temporary adoptions of certain procedural modalities

On June 18, 2020, the Parliament voted two laws (Bills of law Nos. 7586 and 7587) providing for temporary procedural rules before courts, which had been formerly laid down by Grand Ducal regulations during the state of crisis. Some procedural rules provided by the former Grand Ducal regulations have also been amended. On July 23, 2020, the Parliament voted a new Bill of law (No 7626) in order to reintroduce oral proceedings in certain criminal procedures.

1.    The Law on temporary adaptations of certain procedural rules in criminal matters (Bill of law No. 7586) as amended by the law voted on 23 July 2020 (Bill of law No 7626)

The law voted on 23 July 2020 repeals the written proceedings in certain criminal procedures, as introduced by Articles 5, 6, 7 and 8 of the law voted on June 18, 2020 (Bill of law No 7586). Henceforth, proceedings will be oral again, in accordance with the ordinary provisions of the Code of Criminal Procedure.

2.     The Law on rules applicable to the suspension of delays and temporary procedural adaptions of certain procedural modalities before the constitutional, judicial, administrative and military courts (Bill of law No. 7587)

The Law on rules applicable to the suspension of delays and temporary procedural adaptions of certain procedural modalities before the constitutional, judicial, administrative and military courts (hereafter the “law”) governs the procedural rules before civil, administrative and constitutional court inter alia:

1. -    court hearings in cases subject to written procedure;
2. -    suspension of time limits in jurisdictional matters and 
3. -    other procedural arrangements.

According to Article 1 of the law, cases pending before the administrative court subject to the rules of written procedure and ready to be heard, are not pleaded in a public hearing for deliberation, provided that the parties so agree.

Article 2 of the law provides that for cases pending before the Constitutional, Supreme Court (Cassation court)in addition to the judicial courts sitting in civil and commercial matters subject to the rules of written procedure and ready to be heard, at least 48 hours before the date fixed for pleadings, the counsel of the litigating parties will be informed, by email, of the date of the hearing and of the judge who will be in charge of the case. They will have to inform the court by email within the same deadline whether they wish to plead or not.

1. -    if they wish to plead the case, the court will notify the exact time of the hearing and the case will then be heard by one judge (instead of three);
2. -    if they do not wish to plead the case, they only need to provide the court with the original procedural file at the latest on the date set for the pleadings, and they will be deemed to rely solely on their written submissions. Counsel will be informed in writing of the date on which the judgement will be rendered.

The same rules apply mutatis mutandis for appeal proceedings.

According to Article 3 of the law, the filing of: 

1. -    the documents and the mémoires en cassation referred to in Articles 10, 16, 43 and 44 of the amended Law of 18 February 1885 and
2. -    the declarations provided for in Articles 417 and 418 of the Code of Criminal Procedure;

may be submitted by any written means, including email, to the address indicated on the declarations by the cassation court.

The President of the Supreme Court, or the magistrate who replaces him, shall inform the representatives of the parties and the state prosecutor's office in writing, including by email, of:

1. -    the judges who will be in charge of the case; 
2. -    the date on which the case will be heard and taken under deliberation.

Articles 1 to 3 of the law shall apply from the date of the end of the state of crisis (i.e. 25 June 2020) until 31 December 2020.

With regard to exceptional summary proceedings before the family court, the law provides, in its Article 5, that applications submitted during the state of crisis on the basis of Article 4 of the Grand Ducal Regulation of 17 April 2020 (providing the possibility to request interim measures in the presence of urgent situations relating to the COVID pandemic by way of summary proceedings), which are still pending before the family court after the end of the state of crisis, remain subject to the provisions in force at the time of their submission.

Furthermore, in accordance with Article 6 of the law, delays governing the introduction of first instance proceedings before judicial, administrative and military courts including time limits for extinctive prescription, periods of limitation, foreclosure or forfeiture, and time limits governing introduction of informal appeals are extended as follows:

1. ‐    delays, which expired during the state of crisis (i.e. before 25 June 2020) shall be extended for two months from the date of the end of the state of crisis (i.e. until 25 August 2020);
2. ‐    delays, which will expire during the month following the end of the state of crisis (i.e. before 25 July 2020), shall be extended for one month from their expiry date (i.e. until 25 August 2020).

Requests to derogate from the suspension of time limits introduced during the state of crisis on the basis of Article 1(4) of the amended Grand Ducal Regulation of 25 March 2020 which are still pending after the end of the state of crisis remain, according to Article 7 of the law, subject to the provisions in force at the time of their introduction.

For a period of one month after the entry into force of the law (i.e. from 25 June until 25 July 2020), Article 8 of the law suspends:

1. ‐    eviction orders in matters of residential and commercial leases;
2. ‐    eviction orders pursuant to Article 253 of the Luxembourg Civil Code;
3. ‐    eviction orders pursuant to Article 1007-45 of the Luxembourg Code of Civil Procedure.

In addition, the following are suspended by virtue of Article 9:

1. -    the period of one month from the date of the end of the state of crisis (i.e. from 25 June until 25 July 2020) the delay under Article 55 of the Luxembourg Civil Code;
2. -    two months from the date of the end of the state of crisis (i.e. from 25 June until 25 August, 2020) the delays regarding property seizure;
3. -    six months from the date of the end of the state of crisis (i.e. from 25 June until 25 December , 2020) regarding the filing for bankruptcy within 1 month from the date of the cessation of payments.