- Judgment of 21 January 2020 (no. 43240C)
The administrative court is competent to hear the appeal to
annul the decision of a pre-empting authority to exercise its right
of pre-emption.
- Judgment of 21 October 2021 (no. 45781C):
The pre-empting authority must comply with the provisions of Article 9 of the Grand Ducal Regulation of 8 June 1979 on the procedure to be followed by the administrations of the State and the municipalities:
- inform the parties concerned of its intention to exercise its right of pre-emption,
- grant them a period of 8 days to present their observations
- and/or organise a meeting.
Failing this, the decision to exercise the right of pre-emption is subject to annulment.
The Court underlines the role played by notaries who must ensure that the provisions of Article 9 are applied.
- Circulars to municipal administrations of 21 December 2021 from the Minister of the Interior (no. 4076).
Municipalities must comply with the provisions of the Administrative Court's decision of 21 October 2021.
Failure to comply with the provisions of the above-mentioned Article 9 may result in the refusal of approval by the Minister of the Interior in the context of approval supervision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
