Court of Cassation Proceedings

An appeal on points of law plays an essential role in ensuring legal certainty and the consistent interpretation of the law. This extraordinary remedy enables the highest national court to review whether a final judgment complies with the applicable legal rules. Unlike an ordinary appeal, it does not involve a fresh examination of the facts: the Court of Cassation reviews whether the lower courts correctly applied the law. This remedy is available across the various areas of litigation.

Our Court of Cassation Proceedings team advises, assists and represents clients at every stage of the process. We analyse the challenged decision to identify potential breaches of law and the grounds that may properly be raised. Our work includes assessing whether an appeal is appropriate, preparing and drafting the appeal, which is subject to particularly strict formal requirements, and representing clients and presenting oral arguments before the Court of Cassation.

Court of Cassation proceedings require precise knowledge of admissibility requirements, procedural time limits and the formulation of legal grounds, all of which determine whether the appeal will be examined. Our team closely follows developments in Luxembourg case law in order to build arguments focused exclusively on the points of law that may be submitted to the Court. It also distinguishes between challenges based on a breach of law and those relating to the assessment of facts, which cannot, in principle, be reconsidered by the Court of Cassation.