A bill transposing Directive 2019/2161 (BEMD) was submitted to the Luxembourg House of Deputies (Chambre des Députés) by the Ministry for Protection of Consumers on 28 October 2021. The BEMD was adopted to remedy the issues identified in the REFIT Fitness Check of EU Consumer and Marketing law, and the evaluation of the Consumer Rights Directive: insufficient enforcement, limited awareness of consumer rights among consumers and professionals, a lack of coherence of the information obligations and a need to adapt the rules to the digital age.
The purpose of this note written by Melvin Tjon Akon, Attorney-at-law (New York State) and PhD candidate (Leiden University), is to present a high-level overview of the key changes to the Luxembourg Consumer Code as proposed in the Bill, focusing on a selection of noteworthy elements.