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Does Luxembourg recognise foreign decisions?


Yes, provided that the procedures for recognition of foreign judgments are respected.

The procedure for recognising a foreign judgment differs according to the matter concerned (family, civil, etc.), or the State that issued the judgment (EU Member State or third country).

 

In certain situations, it is necessary to go through the exequatur procedure, which allows the Luxembourg court to recognise a foreign decision as if it emanates from a Luxembourg court itself.

For example, a Kafala deed, whether notarised or judicial, Moroccan or Algerian or from another third country, needs to be "exequaturated" to be enforced.

Likewise, a Lebanese notarial deed, recording the will of two ex-spouses to grant exclusive parental authority to the mother, must be "exequatured" in Luxembourg in order to have full effect with the administrative authorities.

 

On the other hand, a divorce pronounced by an Italian or a French court, or any other jurisdiction part of the European Union, does not need to be "exequatured", contrary to a divorce pronounced by an American court for example.

 

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