Request for a decision that may be appealed

The victim of an accident at work, of a commuting accident or of an occupational disease can request a presidential decision subject to appeal against any simple mail from the Accident Insurance Association (AAA).

Opposition

The victim has 40 days to challenge an AAA presidential decision by way of opposition before the board of Directors of the AAA.

This 40-day period starts from the notification of the contested decision.

Appeals

The victim may appeal to the Social Security Arbitration Board (Conseil arbitral de la sécurité sociale - CASS) within 40 days to challenge a decision of the Board of directors.

This 40-day period starts from the notification of the contested decision.

The CASS has the authority to be the decider of first and last resort up to a value of EUR 1250. Beyond this amount, the decision may be appealed.

It should be noted that the deadline is also considered respected when the appeals are filed in due time with another Luxembourg authority or with another Social Security institution. In the latter cases, requests must be transmitted immediately to the CASS.

The victim must file their application for review:

• in the form of a simple manuscript request;
• in as many copies as there are the parties involved.

Victims can defend themselves, or can be represented by a professional or trade union representative or a lawyer.

The application as well as any supporting documents must be signed:

• by the applicant; or
• their legal representative; or
• their representative, who may be the representative of their professional organisation or trade union.

If the application is filed by a representative who is not a lawyer, the representative must prove special power of attorney. This must be presented by the representative at the latest during the oral debate and before it is started.

Appeal

The victim may challenge the judgment of the Social Security Arbitration Board (CASS) before the High Council of Social Security (Conseil supérieur de la sécurité sociale - CSSS). The victim must file the notice of appeal in the form of a petition within 40 days of the notification of the judgment appealed against.

The victim presents their request:

• in as many copies as there are parties involved;
• summarily indicating the arguments on which the appeal is based.

The victim can only appeal to the High Council of Social Security if the object of his claim exceeds EUR 1,250.

Court of Cassation

The victim may file an appeal in cassation against:

• the decisions ultimately made by CASS;
• CSSS judgments.

Note that an appeal is only admissible for:

• an infringement of the law; or
• a violation of the substantive or prescribed forms under penalty of nullity.

Calculation of the appeal deadline

The deadline starts the day after notification of the decision.

If the last day of the deadline falls on a Saturday, Sunday or a public holiday, it is automatically extended to the next business day.

Example: The decision to be appealed was notified on 22 November 2017. The 40-day period for filing an appeal starts on 23 November 2017 and ends on 1 January 2018. Since 1 January is a public holiday, the deadline is extended until the following business day.