Class actions against traders (DMA – DSA)

Directive (EU) 2020/1828 on representative actions to protect the collective interests of consumers, transposed into Luxembourg law by the Law of 20 November 2025, provides for the possibility for certain regulatory bodies to bring collective actions on behalf of consumers within certain areas of their remit.

Several consumers in a similar situation who consider themselves to have been harmed by a business’s failure to fulfil their legal obligations may turn to a qualified body to consolidate the individual cases and bring a collective action on their behalf.

In this context, the Competition Authority may bring class actions seeking injunction, prohibition and/or compensation in the interests of consumers against businesses that breach the rules governing online platforms (DSA) and digital market gatekeepers (DMA).

Who is concerned?

Consumers

A group of consumers who have suffered identical or similar harm caused by a business who has failed to fulfil their legal obligations under the DSA or the DMA may, under certain conditions, apply to the Competition Authority to request the initiation of a class action.

Businesses

A provider of intermediary services (e-commerce platform, internet service provider, cloud provider, web host, social media platform, very large online platform or very large search engine, etc.) that has failed to fulfil its obligations under the Digital Services Act (DSA) may face a class action brought by its end users.

A digital market gatekeeper (essential platform service) designated as such by the European Commission that has failed to fulfil its obligations under the Digital Markets Act (DMA) may face a class action brought by consumers in their capacity as end users.

Competition Authority

The Competition Authority may, as anestablished sector-specific regulatory body, bring a collective action on behalf of users who have suffered the same or similar harm caused by the same company:

  • either for a breach of its obligations under the DSA or the DMA;
  • or following the finding of such breaches in the context of an action for an injunction or prohibition.

Other sector-specific regulatory bodies may bring collective actions, within their respective areas of competence.

Qualified body

In addition to sector-specific regulatory bodies, certain bodies accredited by the Minister for Consumer Protection may bring class actions on behalf of consumers.

Currently, only the Luxembourg Consumers’ Union (ULC) is accredited.

For which infringements may the Authority introduce class-action lawsuit?

The Authority is, in particular, empowered to seek legal action against the following conduct:

  • a digital market gatekeeper combines users’ data across several essential platform services without their consent or without allowing them to choose (Article 5(2)(b) of the DMA);
  • a gatekeeper does not allow for continuous, real-time and free data portability, facilitating a switch between platforms (Article 6(9) of the DMA);
  • a platform has implemented a flawed system for managing illegal content that systematically affects a category of users (Article 16 of the DSA);
  • a platform has introduced a deliberately complex process for deactivating a service (Article 25 of the DSA).

How do I proceed?

The website www.recourscollectif.lu, developed by the Directorate for Consumer Protection, provides a step-by-step guide on how to join a class action lawsuit.

www.recourscollectif.lu

Contact

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