In a commercial judgment of 13 July 2022, the District Court of
Luxembourg-City had the opportunity to rule on the causal link
between rental damages and the failure to comply with the
completion deadline for a flat acquired for rental
purposes.1
In this case, the flat acquired by a couple for rental purposes
was delivered late due to non-compliance in the bathroom floor.
Having considered that the company responsible for these works had
failed in its performance obligation to carry out the work within
the contractual timeframe, which would have caused them rental
damage, the owners of the flat brought an action before the
court.
The court clarified that the nature of the damage suffered as a
result of the delay in the delivery of the flat to be constructed
differs according to the purchaser's intentions. Thus, if the
purpose is to rent, the purchaser "thereby makes an investment
for rental purposes" and "the damage is calculated in
relation to the loss of rent
