On 31 January 2025, the Luxembourg District Court placed an insurance company in judicial liquidation and appointed a liquidator.

A creditor who had taken out a life insurance policy lodged a third-party appeal against this order because he wished to challenge two specific provisions of the order.

The law (Article 250(4) of the Law of 7 December 2015 on the insurance sector, the ‘2015 Law’) provides that a judgment putting an insurance company into judicial liquidation is not subject to opposition or third-party opposition.

The District Court referred the question to the Constitutional Court as to whether the provisions of the 2015 Act were in conformity with the Constitution (read in the light of the European Convention on Human Rights and the Charter of Fundamental Rights of the EU).

The Constitutional Court responded in its ruling of 27 November 2025 (No. 00197), confirming the constitutionality of this law insofar as the creditor in question could not file a third-party appeal, but was not entirely without recourse. Article 252 of the Law would in fact allow the latter to file, in addition to the statement of claim and observations relating to their individual claims, observations relating to the prescribed measures, which are then brought to the attention of the court, the liquidator and the Insurance Commission.