Luxembourg, like most EU countries, has implemented the Product Liability Directive 85/374/EEC by the law of 21 April 1989, amended from time to time. By virtue of this, a producer might be liable for damage caused by a product defect under tortious liability.
The following regulatory bodies play important roles in overseeing the manufacture, distribution, advertising and recalls of products: the Luxembourg Institute for Standardization, Accreditation, Safety and Quality of Products and Services (Institut Luxembourgeois de la Normalisation, de l'Accréditation, de la Sécurité et qualité des produits et services (ILNAS)), the Ministry for Consumer protection, the Food Safety authority (Sécurité Alimentaire Grand Duché de Luxembourg), Luxembourg consumers' union (Union luxembourgeoise des consommateurs).
DLA Piper’s Luxembourg team has extensive experience in bringing cases before these regulatory bodies and regulatory advice on security and product recalls, as well as on the specific RAPEX notification procedure and consumer notification obligations where appropriate.
In addition, our Luxembourg team – with its dedicated litigation lawyers – has extensive experience in conducting, managing and planning product liability litigation before the Luxembourg courts.
