Electronic Filing and Submission of Applications: What Changes Under the Law of 17 July 2026

The Law of 17 July 2026 amending:

• the Commercial Code
• the Law of 7 August 2023 on business preservation and the modernisation of bankruptcy law

introduces two new provisions, drafted in similar terms, allowing summonses and notices of appeal to be filed and applications to be submitted by simple email in bankruptcy and judicial reorganisation proceedings:

• A new Article 439-1 of the Commercial Code (although Article 1 of the Law of 17 July 2026 mistakenly refers to “Article 493-1”), which applies only to proceedings falling within Book III of the Commercial Code (Bankruptcy and Rehabilitation)
• A new Article 4bis of the Law of 7 August 2023 on business preservation and the modernisation of bankruptcy law (the “Law of 7 August 2023”), which applies only to judicial reorganisation proceedings

These two provisions complete the transposition of Article 28 of Directive (EU) 2019/1023 on:

• preventive restructuring frameworks
• discharge of debt and disqualifications

The other aspects had already been implemented last year by the Grand-Ducal Regulation of 4 July 2025 governing the electronic communication of documents and notifications in bankruptcy and reorganisation proceedings.

The scope is therefore limited, but it covers the core of insolvency proceedings.

Under what conditions can filing and submission of applications be carried out by email?

Several conditions govern the possibility of filing summonses, notices of appeal and applications by email.

The email must be sent to an address specifically published for this purpose by the judicial authorities on their website (www.justice.public.lu).

Electronic filing must be sent to the registries of the following courts:

• For the Court of Appeal: cal.enrolement.commerce@justice.etat.lu
• For the Luxembourg District Court: tal.enrolement.commerce@justice.etat.lu
• For the Diekirch District Court: tad.enrolement.commerce@justice.etat.lu

The email must comply with the technical requirements set by the judicial administration, namely:

• A maximum size of 15 MB
• Files must be submitted in .doc, .docx or PDF format

The court registry must acknowledge receipt of the electronic filing or submission without undue delay.

Where a specific time limit applies to the filing or submission of an application, the email may reach the registry up until midnight on the final day of that period.

The possibility of filing up until midnight on the last applicable day should help prevent the type of unfortunate litigation that arose in criminal matters during the COVID period, when electronic appeals sent after registry closing hours were declared inadmissible.

In practice

Three key reflexes are enough:

• Check the email addresses published by the judicial administration for the relevant court and dedicated to the filing of summonses and notices of appeal, as well as the submission of applications in bankruptcy and judicial reorganisation proceedings. Sending the documents to another email address will not constitute valid electronic filing.
• Ensure that the electronic submission complies with the 15 MB maximum size and the required file formats (.doc, .docx or PDF).
• Keep the registry’s acknowledgement of receipt, as it constitutes proof of filing and of the filing date.

➡️ For any questions relating to insolvency and restructuring proceedings, please contact Philippe Sylvestre or Julien Flamant.