Getting help from the Mediator of Consumption

Last update 11.12.2019

Any consumer or professional seeking an amicable settlement in a consumer dispute may contact the Mediator of Consumption without having to appear in court.

The Mediator of consumption can help consumers and companies to resolve such conflicts between themselves. It may also propose a solution to the parties.

In the event of disputes for which no competent body specialising in the matter at hand exists, the Mediator of consumption takes on the mediation of the case itself.

If there exists an out-of-court dispute resolution body specialising in the matter concerned, and satisfying certain quality conditions, the Mediator of Consumption will refer the consumer and professional to that body—in the list of qualified entities—and forward the case to it. In such instances, it cannot process the case itself.

Generally, consumers and professionals may refer to the Mediator of Consumption for information on Luxembourg-based bodies involved in the out-of-court resolution of consumer disputes.

Who is concerned

Any consumers:

  • natural persons;
  • residing in Luxembourg or in another EU Member State;
  • who are facing a dispute with a professional established in Luxembourg.

The dispute must concern a contract with the professional.

Any professional whose registered office is located in Luxembourg , and who is involved in a dispute with a consumer residing in Luxembourg may also contact the Mediator of consumption.

Prerequisites

The Mediator of Consumption may refuse to process a dispute for any of the following reasons:

  • the claimant has not attempted to contact the other party to discuss the claim and try to resolve the problem directly;
  • the dispute has no justification, real or otherwise;
  • the dispute has been or is being processed by another body for amicable settlement, an arbitration court or a judicial court in Luxembourg or abroad;
  • the claimant contacted the Mediator of Consumption more than one year after the date on which the claimant sent the claim to the other party;
  • processing the claim would severely impede the operations of the Mediator of Consumption;
  • the claim does not involve a dispute between a consumer and a professional.

Costs

The Mediator of Consumption can be contacted free of charge.

How to proceed

General rules

The consumer may contact the Mediator of Consumption online or offline. The parties may communicate by email or by post.

The parties do not need to hire lawyers. However, they may seek assistance or guidance from a person of their choosing.

Filing an application

Claimants (the consumer or the professional) may submit their application to the Mediator of Consumption by post, fax or email, or online using the website.

Requests must be submitted in Luxembourgish, French or German. The claimant must return the dated and signed claim form.

The request must contain a summary of the dispute.

The Mediator of consumption may request any information or documentation they deem necessary to process the request.

After having received all of the necessary information and documents, they will inform the parties that they have received a complete request.

Within three weeks of receiving the complete request, the Mediator of Consumption will inform the parties of whether they will accept the case or not. If they cannot process the case, they will provide the parties with a detailed explanation in this regard.

Supporting documents

The applicant must attach all supporting documents to their application (for example: contract, exchange of letters or emails with the other party, photos...).

Procedure

In carrying out its mandate, the Mediator of consumption will help the parties resolve their dispute between themselves.

They can also propose a solution to the parties. The decision of the Mediator of consumption is not legally binding and does not prevent the parties from going to court.

The out-of-court resolution process must not last more than 90 days from the date on which the Mediator of consumption receives all of the necessary information and documents. The Mediator of consumption will inform the parties of the outcome of the process in writing or using another durable medium (for example, by email). The maximum duration of 90 days can be extended in the event of complex disputes.

Either party may withdraw from the process at any time.

Confidentiality

All information and documents submitted or received in the course of the settlement are confidential.

Who to contact

Double click to activate the map
Last update