Lexicon

Civil & Commercial Litigation and Advisory

Civil summary proceedings

Civil summary proceedings allow obtaining certain judicial measures quickly without waiting for the complete judgment of the dispute. In Luxembourg, the summary judge of the district court can intervene in several situations: urgency, imminent damage, manifestly unlawful disturbance, preservation of evidence, or provision when the obligation is not seriously contestable.

Not all these requests rely on an identical urgency condition. It is necessary to choose the basis corresponding to the sought measure and provide the elements that justify it. The decision is provisional in the sense that it does not bind the trial judge, even if it can be executed provisionally.

In practice, specify what must be prevented, preserved, or obtained immediately. A request for a provisional measure does not necessarily replace an action on the merits. The avenues of appeal and their deadlines must be verified from the decision and its service, rather than from the sole date of the hearing.

Official Source

• Justice Luxembourg — Référé civil