Key takeaways

Scope of the 2019 Hague Convention

The 2019 Hague Convention provides a legal framework for easier enforcement of civil and commercial judgments across jurisdictions. It helps parties overcome procedural difficulties, especially outside the EU, by streamlining the process and reducing time, costs, and uncertainty. The Convention applies to decisions on the merits in civil and commercial cases but excludes specific areas like insolvency, intellectual property, sovereign debt restructuring, and certain antitrust matters.

Requirements for recognition and enforcement of foreign judgments

A party requesting recognition and enforcement of a non-EU judgment is required to adhere to the formalities prescribed by Article 12. This includes submitting (i) a complete, certified copy of the judgment and (ii) any documentation necessary to demonstrate that the judgment is effective or enforceable in the State of origin. In cases involving default judgments, it is also mandatory to provide evidence that the initiating document, or its equivalent, was properly served on the defaulting party.

Additionally, the judgment must fulfill at least one of the criteria outlined in Article 5 to qualify for recognition and enforcement. These criteria focus on the connection between the State of origin and the parties involved, as well as the location of contractual performance or wrongful conduct. For example, a judgment may be eligible if the judgment debtor was habitually resident in the State of origin when they became a party to the proceedings.

Finally, even if a judgment meets an Article 5 criterion, the State where recognition and enforcement is sought retains the discretion to refuse in certain limited circumstances. Such grounds include, but are not limited to: (i) the judgment was procured by fraud, (ii) recognition or enforcement would be manifestly contrary to the public policy of the requested State, or (iii) the judgment conflicts with a prior judgment issued by a court of another State involving the same parties and subject matter.

Luxembourg promoting the 2019 Hague Convention in its domestic law

Luxembourg has incorporated the 2019 Hague Convention into its domestic framework to improve recognition and enforcement of non-EU judgments. Bill No. 8550, adopted by the Luxembourg parliament on 20 November 2025, adds the Convention to Article 679 of the New Code of Civil Procedure. Although the Convention already applies in Luxembourg, its inclusion in the NCPC increases its visibility and facilitates recognition and enforcement of non-EU judgments within the country.

Streamlined recognition and enforcement procedure in Luxembourg

Judgments that meet the requirements of the Hague 2019 Convention can take advantage of Luxembourg's expedited recognition and enforcement process, which offers several benefits:

• Applications can be made ex parte directly to the president of the district court.
• Enforcement orders can typically be issued within a matter of weeks.
• Any adversarial proceedings are postponed until the appeal stage.

Additionally, the Hague 2019 Convention restricts judicial discretion by allowing refusal of enforcement only on specific grounds as detailed in Article 5.

Practical example: Post-Brexit enforcement challenges of UK judgments in Luxembourg

After Brexit, UK judgments lost automatic recognition in Luxembourg as they no longer fell under the Brussels I Recast Regulation, and the UK's attempt to join the Lugano Convention failed. Enforcement was limited to cases covered by the Hague Convention 2005, leaving gaps for commercial matters with nonexclusive jurisdiction clauses. This resulted in complex and costly proceedings. However, since 1 July 2025, the 2019 Hague Convention applies to the UK, restoring predictability and efficiency for recognizing and enforcing UK judgments in Luxembourg.

Conclusion

By choosing to explicitly include the Convention in its procedural code, Luxembourg—while not obligated by law—shows a clear dedication to procedural transparency, international collaboration, and greater efficiency. This legislative move boosts Luxembourg's reputation as a reliable venue for cross-border recognition and enforcement, making it even more appealing for resolving international disputes.