Luxembourg

1. Is there specific legislation in Luxembourg ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

A bill of law on the electronic signature of administrative documents and amending the law of 25 July 2015 on electronic archiving has been lodged with the Luxembourg parliament on 27 October 2022 and is still pending; therefore, there is no specific legislation in force ruling the using of documents executed with the use of digital platforms or any electronic signatures by the Luxembourg Directorate of Civil Aviation.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

N/A.

3. Does the Aviation Authority in Luxembourg use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

The Luxembourg Directorate of Civil Aviation does not use an electronic register for Aircraft Documents or Aircraft Lease Documents.

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Luxembourg?

No, this is not possible for the time being.

5. Do the courts of Luxembourg consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

From our understanding, this question is subject to the law applicable to documents executed by the use of digital signatures. Luxembourg applies Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 199/93/EC and the law of 14 August 2000 on electronic commerce (which transposed, among other, Directive 1999/93 of 13 December 1999 on a Community framework for electronic signatures) as amended by the law of 17 July 2020. The law of 14 August 2000 as amended refers expressly to articles 1322, 1322-1 and 1322-2 of the Luxembourg civil code, which allow the use of digital signatures; in particular, the digital/electronic signature is recognised under Luxembourg law as having the same force as a handwritten signature.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Luxembourg?

There is no electronic system to upload on an electronic platform lawsuits, pleadings and procedural documents for the Luxembourg Courts. Written submissions and evidence annexed can be sent via email in accordance with article 169 of the Luxembourg new civil procedural code. Before the administrative courts, the practice of electronic filing was not yet the subject of law but of a test phase, while a circular specifies that the only documents with legal effect are those physically filed with the clerk of the administrative court. However, this test phase does not yet allow any upload but only to communicate on a voluntary basis to the administrative courts’ writ of submissions with exhibits via email.

7. Do the courts of Luxembourg accept procedural documents executed digitally? Is there any specific certification required? Does Luxembourg make any distinction between official digital signatures and private digital signatures?

Procedural documents such as written observations, pleading notes, etc., require a wet-ink signature from a lawyer. Writ of summons requires no signature from a lawyer at all. N/A (see above answer) N/A (see above answer)

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

Based on articles 1322-1 and 1322-2 of the Luxembourg civil code, the signature required to perfect a private document must identify the person who affixes it and that this person indicates his agreement with the content of the document. It may be handwritten or electronic. An electronic private document is deemed to be an original when it presents reliable guarantees as to the maintenance of its integrity from the time when it was first created in its final form.

Based on the above provisions, it seems that the only agreement by the person who signs is in reference to the content of the document, but the consent of the party to digital signature is “implied” by the presence of the digital signature. As both methods are acceptable (handwritten or electronic), it does not seem that one method should prevail or could be imposed on the parties. The parties have to choose the method of signature and follow this method.

The present answer only focuses on formal requirements in relation to digital signatures and not on contractual documents in general, and we do not treat the topic of the different types of digital signatures in this section (i.e., simple, advanced and qualified digital signatures).

9. Can foreign entities not located in Luxembourg execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Luxembourg? Are there any other formalities required?

As explained under question 1 above, there is no specific legislation in force in Luxembourg regulating such a process.

10. Does the Aviation Industry in Luxembourg usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

We are not aware of the use of this technology by Luxembourg operators as electronic filing of Aviation Documents with the Luxembourg Directorate of Civil Aviation is not implemented yet.

11. Are there any Notary or Apostille requirements in Luxembourg? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

In Luxembourg, the Passport, Visas and Legalisation Office within the Ministry of Foreign and European Affairs has the mission to manage the entire organisation of the apostille service.

There are currently two possibilities for file transmission:

First possibility: going directly to the apostille desk: the request for an apostille will be made in the traditional form;

Second possibility: initiating the procedure via the online platform MyGuichet.lu.

In both cases, the apostille will be issued in the format of a sticker which is affixed to the public document.

a. Has Luxembourg implemented the e-Apostille program?

An e-apostille program has been in development since 2019, but we have no information about the timing of its entry into force.