The Luxembourg Directorate for Consumer Protection has reported that during its session on Thursday 30 October 2025, the Chamber of Deputies unanimously adopted the bill introducing class actions into consumer law (parliamentary file no. 7650).
The Directorate said that the class action aims to facilitate access to justice for multiple consumers who find themselves in a similar or identical situation due to a trader’s failure to comply with legal obligations and the transparent procedure is characterised by continuous public information concerning the progress and outcomes of the class action.
According to the Directorate, the three stages of the procedure are:
1. Admissibility
The action is brought before the Luxembourg District Court by a qualified entity. It must be accompanied by a separate document specifying the sources of funding, intended to demonstrate the absence of any conflict of interest.
The writ of summons must include:
• individual cases supporting the action;
• a description of the consumers concerned;
• the measures sought (cessation, compensation or both).
The ruling on admissibility determines the publicity measures required to inform consumers. The final decision on admissibility is published in full on the website of the Directorate for Consumer Protection (DPC).
2. Compensation for Damage
The court rules on the trader’s liability and where appropriate defines the group of consumers concerned, the categories of harm to be compensated and the applicable opt-in or opt-out system.
A liquidator is appointed to ensure the proper implementation of consumer compensation.
Consumers may join (opt in) or withdraw (opt out) from the class action under the conditions set by the judgment.
The final decision on liability is published in full on the DPC website.
Applications to join or withdraw from the action are submitted to the liquidator, who receives, records and processes them. The time limit for joining, set by the court, ranges from two to six months.
Each application to join must at least identify the consumers, specify the amount of compensation sought and be accompanied by the necessary evidence defined by the judgment.
Any dispute between the trader and a consumer concerning membership in the group is decided by the court.
A consumer’s withdrawal from the group is deemed a refusal to benefit from the compensation determined by the judgment.
3. Implementation of Compensation
The trader proceeds with individual compensation for each consumer’s loss under the supervision of the liquidator, who keeps the court informed through interim reports. In case of difficulty, the court will decide.
At the end of the compensation period, a detailed final report is submitted to the court to close the class action procedure.
Amicable Settlement
The general principles governing civil and commercial mediation apply to mediation in class action matters, with necessary adjustments to reflect the specific nature of collective proceedings.
Any mediation agreement in a class action must be approved by the court.
The mediation agreement sets out the conditions for consumer participation agreed between the parties, as well as the publicity and information measures.
Once approved, the agreement is published on the DPC website.
Participation in the group and consumer compensation follow the judicial procedure.
Recourse to the Consumer Ombudsman is possible and free of charge, just as in individual mediation.
Following the vote in the Chamber of Deputies, Luxembourg’s Minister for Consumer Protection, Martine Hansen stated: “I am delighted that the class action, designed to facilitate consumers’ ability to exercise their rights against a trader, has finally become a reality. This new mechanism significantly strengthens consumer protection and contributes to the democratisation of justice by enabling consumers to obtain redress for harm that is similar or identical across a large number of individuals. It may also prove advantageous for the traders concerned, as it will allow them to avoid the multiplication of individual disputes.”
