The Implementation of the EU Directives 2019/770 and 2019/771 in Luxembourg

The Loi du 8 décembre 2021 transposed the EU maximum harmonisation Directives 2019/770 (DCD) and 2019/771 (SGD) into the Luxembourg Consumer Code (Code de la consommation). As required by the two Directives, the new rules are effective as of 1 January 2022 and replace previous national rules that transposed the minimum harmonisation Consumer Sales and Guarantees Directive 1999/44/EC. It is worth noting that Luxembourg decided not to ‘gold-plate’, that is enacting rules that go beyond an EU Directive’s minimum harmonisation standard, when implementing Directive 1999/44/EC. This report will thus demonstrate that the national rules transposing the Directives grant Luxembourg’s consumers new statutory protections. The underlying objectives of this report are to briefly examine the level of consumer protection prior to the adoption of the two Directives and to map subsequent changes. This includes whether Luxembourg decided to exercise its discretion regarding the optional provisions of Directive 2019/771, in particular Articles 3(5) and (7), 10(6), 11(2), 12, and 17(4) of the Directive. Section II of this report examines the personal and material scope as well as new definitions, Section III rules on conformity, liability, and burden of proof, Section IV remedies, and Section V commercial guarantees. Section VI concludes the report.