The year in review
The initial stages of the preparation of a collective redress mechanism in Luxembourg have been ongoing for some time since the publication of Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law. These past couple of years have seen a steady increase in efforts to lay the groundwork.
According to the 2018–2023 Coalition Agreement that was signed at the formation of the new government following the latest parliamentary elections in late 2018, a bill of law on consumer class actions should be adopted shortly. It is intended that the bill of law will draw inspiration from the proposal for a Directive of the European Parliament and of the council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC.
The 2018–2023 Coalition Agreement also mentions that it will be further analysed if there is any incentive for introducing mediation either prior to or during a class action, and whether class actions should be extended to other matters such as environmental claims, discrimination, abuse of dominant position and unfair competition.
In an interview published in early January 2019, Luxembourg's Minister for the Environment reiterated that consumer class actions would shortly be introduced in Luxembourg, confirming that this subject is likely one of the government's current priorities.