Recent Developments and Challenges in Luxembourg Consumer Law

in Gramunt and Rubio (eds), Sale of Goods Directive and Digital Content, MP, in press

Posted: 13 Feb 2024

See all articles by Felix Pflücke

Felix Pflücke

Universite du Luxembourg - Faculty of Law, Economics and Finance; University of Oxford - Faculty of Law

Date Written: February 12, 2024

Abstract

Luxembourg Consumer Law was recently shaped by several developments on the EU level, in particular, due to the Directives 2019/770 (Digital Content and Services Directive) and 2019/771 (Sale of Goods Directive). The two Directives introduce new and replace old rules to update the European Consumer Law Acquis to the opportunities and challenges posed by the digital economy. Daily life going digital and cross-border transactions increased, while the previous rules were drafted in the 1990s when almost all transactions took place offline. The Digital Content and Services Directive and Sale of Goods Directive thus introduce new definitions and grant consumers new rights when purchasing goods and services online. The main criticism levelled against the two Directives concerns their optional provisions: the two instruments are full harmonisation instruments but allow the Member States to ‘gold-plate’ some of the provisions. This approach inevitably leads to further fragmentation in European Consumer Law. Traders might not be willing to offer their goods and services in relatively small jurisdictions like Luxembourg because of the additional costs of examining national nuances. The present Chapter highlights these challenges and proposes targeted and actionable solutions for regulators and traders.

This Chapter begins by examining the rules prior to the adoption of the Directives and subsequent changes to the Luxembourg Consumer Code (Code de la consommation). The focus is, however, on what challenges these new rules pose for consumers, businesses, and regulators. The Chapter concludes with policy considerations for all stakeholders.

Keywords: Consumer Law, European Consumer Law, Law and Technology

Suggested Citation

Pflücke, Felix, Recent Developments and Challenges in Luxembourg Consumer Law (February 12, 2024). in Gramunt and Rubio (eds), Sale of Goods Directive and Digital Content, MP, in press, Available at SSRN: https://ssrn.com/abstract=4723108

Felix Pflücke (Contact Author)

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

Bâtiment Weicker (Bureau C221A), 4 rue A. Weicker
Luxembourg, L-2721
Luxembourg
003524666445244 (Phone)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

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