On 8 July 2022, the District court of Luxembourg-City clarified
the scope of Article 544 of the Civil Code in the event of an
emphyteusis.1
A Neighbour complained about the nuisance caused by the
construction of a large building complex nearby and sued the
administration of the City of Luxembourg, who owned the land, as
well as the companies involved in the redevelopment project having
emphyteutic rights in rem on the respective plots of land.
Based on Article 544 of the Civil Code, the court recalled that
this legal provision can be invoked not only against the owner but
also against any person who, by reason of a right in rem or a
personal right, has one of the attributes of the right of ownership
over the property. The court noted that the companies each had such
attributes on their respective lots. The judges concluded that it
was "the emphyteutic lessee and not the owner of the land
(...) who is liable under Article 544 of the Civil Code."
