The third EFFORTS Report on national case-law is out: Report on Luxembourg case-law!
“In this report, insight is provided into Luxembourgish case law on the regulations covered by the EFFORTS project (the Brussels 1 bis Regulation and, as far as relevant, its predecessor Brussels 1 – both limited to rules of recognition and enforcement -, the EEO Regulation, the EPO Regulation, the ESCP Regulation, the EAPO Regulation)”, relying on both databases, such as the new https://justice.public.lu/fr/jurisprudence.html, and previous reports and case-law collections (as the one made under the IC2BE Project).
“In Luxembourg”, noted the author of the Report, differently from the other MSs covered by the EFFORTS Project, “a high application of the EPOR and the ESCPR can be observed”. As a possible explanation it has been noted that “this might be, inter alia, related to the highly cosmopolitan character of the country and the circumstance that many commuters work in Luxembourg – whereby many cases are “commuter” related cases: many cases initiated by Luxembourgish dentists, cases initiated by Luxembourgish lawyers recovering their lawyer fees from their clients in neighbouring countries, cases initiated by the Administration Communale de la Ville de Luxembourg regarding the recovery of ambulance costs, cases regarding aviation claims etc., were retrieved in which European uniform procedures were applied. The very high number of ESCP cases in Luxembourg – especially when taking into account that Luxembourg is a small country – has been indicated as atypical when comparing it to the practice in other countries”.