Getting help from the Mediator of Consumption

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 professionals to resolve the dispute themselves. They can also propose a solution to the parties.

The Mediator of Consumption handles cases themselves if no competent body specialising in the specific matter in question exists.

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 cases, the Mediator of Consumption cannot process the case themselves.

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 consumer who is a natural person residing in Luxembourg or in another EU member state, and who is involved in a consumer dispute with a professional whose registered office is located in Luxembourg, may contact the Mediator of Consumption if the dispute concerns a contract with that 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 out-of-court dispute resolution body, 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 pertaining to a contract.

Costs

The dispute resolution by to the Mediator of Consumption is free of charge.

How to proceed

General rules

Consumers 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.

Making contact

Consumers may submit their applications to the Mediator of Consumption by post, fax or email, or online on the website.

Applications must be submitted in Luxembourgish, French or German. The consumer must date and sign the claim form and return it together with documentation supporting the request (for example, contract, post or email correspondence with the other party, photographs, etc.).

The application must contain a summary of the dispute.

The Mediator of Consumption may request any information or documentation it deems necessary to process the application.

When it has received all of the necessary information and documents, it will inform the parties that it has received a complete application.

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

Procedure

In carrying out its mandate, the Mediator of Consumption seeks to help the parties find a resolution to their dispute themselves.

It may 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 may 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 time limit of 90 days may 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

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