Reporting unfair commercial practices

Last update

Summary:

If you identify an unfair commercial practice, you may report it to a consumer protection organisation or directly to the competent authorities.

If you encounter an unfair commercial practice, you may contact:

  • a consumer protection organisation; or
  • the competent authorities directly.

Who is concerned

Any natural or legal person who is authorised to take legal action, and who encounters an unfair commercial practice, or identifies a professional's conduct as such, may bring an action for an injunction to restrain or prohibit the unfair commercial practice.

The following persons are authorised to take legal action:

  • any natural person in whose interests it is to take legal action; or
  • any approved association, whether it represents the members of one or more Member States; or
  • any qualified entity appointed by a European Union or European Economic Area Member State; or
  • any government minister; or
  • the Medical Board and any professional body that is established by law or that is a professional association; or
  • the National Health Fund (Caisse nationale de santé); or
  • an organisation defending consumers' collective interests; or
  • the Directorate for Consumer Protection (Direction de la protection des consommateurs), where the collective interests of consumers are at stake; or
  • any established sector-specific regulatory entity. The following are the established sector-specific regulatory entities that may seek national or cross-border restraining or prohibitory injunctions, or national or cross-border class actions:
    • the Financial Sector Supervisory Commission (Commission de surveillance du secteur financier – CSSF);
    • the Supervisory Authority for the Insurance Sector (Commissariat aux assurances – CAA);
    • the National Commission for Data Protection (Commission nationale pour la protection des données – CNPD);
    • the Luxembourg Regulatory Institute (Institut luxembourgeois de régulation – ILR);
    • the Independent Luxembourg Broadcasting Authority (Autorité luxembourgeoise indépendante de l’audiovisuel – ALIA);
    • the Luxembourg Institute of Standardisation, Accreditation, Safety and Quality of Products and Services (Institut luxembourgeois de la normalisation, de l’accréditation, de la sécurité et qualité des produits et services – ILNAS);
    • the Luxembourg Veterinary and Food Administration (Administration luxembourgeoise vétérinaire et alimentaire);
    • the Directorate of Civil Aviation (Direction de l’aviation civile);
    • the Health Directorate (Direction de la santé);
    • the Competition Authority (Autorité de la concurrence).

How to proceed

Filing a complaint

You can contact one of the following bodies:

  • the Directorate for Consumer Protection has authority when consumers' collective interests are involved;
  • the Luxembourg Consumer Protection Association(Union luxembourgeoise des consommateurs – ULC) has authority for national individual matters. It also safeguards consumers' collective interests;
  • the European Consumer Centre EIG Luxembourg (Centre européen des consommateurs GIE Luxembourg – CEC) informs consumers and defends their interests if they encounter problems with a professional located in another EU country;
  • the Financial Sector Supervisory Commission (Commission de surveillance du secteur financier – CSSF) only has authority to adjudicate for claims against banks or other professionals in the financial sector;
  • the Supervisory Authority for the Insurance Sector (Commissariat aux assurances – CAA) handles claims in connection with insurance contracts;
  • the Luxembourg Regulatory Institute (Institut luxembourgeois de régulation – ILR) has the authority to handle disputes involving the following sectors:
    • the provision of natural gas and electricity;
    • electronic communications;
    • postal services;
    • transport;
    • radio frequencies;
    • NIS (cybersecurity);
  • the National Commission for Data Protection (CNPD) has authority to adjudicate claims in connection with the processing of personal data and compliance with the GDPR, particularly in the event of commercial misuse of data;
  • The Independent Luxembourg Broadcasting Authority (ALIA) has authority to adjudicate claims involving audiovisual media services, particularly advertising, teleshopping and broadcast content;
  • ILNAS (Luxembourg Institute of Standardisation, Accreditation, Safety and Quality of Products and Services) has authority to adjudicate claims in connection with product compliance, safety and quality, and particularly cases involving the marketing of non-compliant or deceptive products;
  • the Luxembourg Veterinary and Food Administration (ALVA) adjudicates claims in connection with food, food safety and the protection of consumers, when claims involve animal-based and food products;
  • the Directorate of Civil Aviation (DAC) has authority to adjudicate claims in connection with the air transport sector, particularly claims involving passengers' rights and airlines' obligations;
  • the Health Directorate has the authority to adjudicate claims in connection with public health, and particularly the marketing of health or medical products, or products that pose a risk for consumers;
  • the Competition Authority has authority for matters involving anti-competitive practices and practices that undermine the proper functioning of the market, including certain unfair commercial practices that affect competition between businesses;
  • the Grand Ducal Police. You can file a complaint if the professional's conduct is subject to criminal punishment (e.g. use of physical violence).

Processing and legal implications of the complaint

The body you file the complaint with will:

  • first determine if consumers' collective interests are at stake;
  • analyse the potential for and appropriateness of taking action through summary proceedings (proceedings that quickly return a legal decision in case of emergency).

The judge who deals with your complaint may order the termination or prohibition of an unfair commercial practice, even if:

  • there is no evidence that a consumer has suffered any loss;
  • a consumer has not suffered any actual harm, since the risk of damage is sufficient;
  • the professional did not intend to act unfairly;
  • the professional was not negligent.

Sanctions

Professionals that are guilty of an unfair commercial practice may be fined between EUR 251 and EUR 120,000.

Moreover, you may ask for any contractual clause, or any combination of contractual clauses, to be declared null and void if the contract in question constitutes an unfair commercial practice.

Who to contact

  • Luxembourg Consumer Protection Association (ULC)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 1
    Fax:
    (+352) 49 49 57
    Email address:
    info@ulc.lu
    Website:
    https://www.ulc.lu
    Closed ⋅ Opens at 8.00
    Wednesday:
    8.00 to 12.00
    Thursday:
    8.00 to 12.00
    Friday:
    8.00 to 12.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00
    Tuesday:
    8.00 to 12.00
    In the afternoon only by appointment.

  • Luxembourg Consumer Protection Association (ULC)

    Luxembourg Commission for Travel Litigation (CLLV)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 205
    Fax:
    (+352) 49 49 57
    Email address:
    contact@cllv.lu
    Website:
    https://www.ulc.lu

European Consumer Centre

Address:
271, route d’Arlon L-1150 Luxembourg
Phone:
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
Fax:
(+352) 26 84 57 61
Email address:
info@cecluxembourg.lu
Website:
https://www.cecluxembourg.lu/en/contact-and-opening-hours/
Consultation by appointment

Related procedures and links

Procedures

Identifying unfair commercial practices

Links

Further information

Publications

Liste noire des pratiques commerciales déloyales

Pdf • 403 Kb

Legal references

Code de la consommation

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