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Administrative interim relief: Practical presentation of an appeal via electronic filing in Luxembourg

Dépot référé électronique luxembourg avocat administratif

Thibault CHEVRIER, Avocat à la Cour and Partner at CHEVRIER & FAVARI, gave a presentation on the electronic filing of an administrative summary procedure as part of a conference dedicated to the entry into the digital era of administrative litigation in Luxembourg.

This conference, organized by the Young Bar Association of Luxembourg (CJBL), was preceded by an introductory speech by the Chairman of the Bar Association of Luxembourg, who gave an overview of future prospects and the remaining challenges for litigants and their representatives.

This practical presentation of the filing was also preceded by a brilliant talk by Mr Marc Sünnen, President of the Administrative Court of Luxembourg, on summary proceedings and the related legislative changes.

Among the new features, the creation of an electronic platform, referred to in the new article 12bis of the law of 21 June 1999 (amended by the law of 21st July 2023) provides that:

(1) By way of derogation from Article 2, an appeal seeking to obtain suspensive effect under Article 11 or a safeguard measure under Article 12 against a decision emanating from the State may also be lodged with the registry of the administrative court electronically by uploading to the secure exchange platform, hereinafter referred to as “the platform”.

In this case, the application is electronically signed.

Registration of the application on the platform is equivalent to service on the State.

In practice, lawyers registered with the Luxembourg Bar must make a “request for certification of their professional space” via the MyGuichet plateform.

Once the space has been certified, a new function appears, entitled “Filing an application for interim relief before the President of the Administrative Court“.

It should be noted that, as this is a test and transitional phase, this tool is currently reserved for administrative interim relief proceedings initiated against decisions taken by the State of the Grand Duchy of Luxembourg (thus excluding administrative decisions by municipal authorities or public establishments).

However, this is a first step towards making the procedure paperless (which otherwise requires the filing of an original and 4 certified copies of the application for interim relief, as well as 4 copies of the documents).

Eventually, this functionality should be extended to all appeals to be lodged with the administrative courts, as well as appeals on the merits, in all areas (building permits, environmental law decisions, civil service litigation, public procurement, etc.).

 

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