Ahead of EU due diligence directiveHolding companies accountable in Luxembourg remains difficult, legal opinion warns

Claudia Kollwelter
adapted for RTL Today
A new legal opinion warns that victims face major obstacles when trying to hold Luxembourg-based companies accountable in court, ahead of the EU due diligence directive taking effect nationally.
This is an opinion article. The views expressed belong to the author.
From left to right: IDV coordinator Jean-Louis Zeien, CCDH president Noémie Sadler, and lawyer François Moyse at the joint press conference of CCDH and IDV.
© Claudia Kollwelter

Luxembourg's legal framework is weak when it comes to corporate accountability, according to Luxembourg's Consultative Human Rights Commission (CCDH) and the Corporate Due Diligence Initiative (IDV), following a legal opinion they jointly commissioned from Moyse & Associates.

The Corporate Sustainability Due Diligence Directive (CSDDD) is due to be transposed into national law by July 2028. However, the appropriate legislation is still missing, the CCDH and IDV argue, which creates enormous hurdles that would be nearly impossible to overcome in practice.

The legal framework, they say, needs to be adapted. It should be possible, as is already the case elsewhere, to bring class actions in Luxembourg. Another demand is that the country's courts apply Luxembourg law rather than the laws of third countries, and that Luxembourg law should also apply to companies whose registered office is in the Grand Duchy.

Below you may find the press release, Moyse's legal opinion, and the recommendations drawn up by the CCDH and the IDV (in French).

Press release by the CCDH and IDV
François Moyse's legal opinion on due diligence
CCDH and IDV recommendations

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