Professionals or companies who encounter a problem with a consumer are not required to go to court to resolve it. They may consult a specialised body to try to reach an amicable agreement. In this way, they can be assured that their problem will be handled out-of-court in a simple, quick and inexpensive manner.
The entities in charge of the amicable resolution of disputes between consumers and professionals or companies must be independent, efficient and competent. The Ministry of the Economy shall ascertain whether these bodies meet these conditions. If they do, they are added to a list compiled by the Ministry of the Economy. The bodies on the list are allowed to publicise the fact that they are listed.
If the dispute concerns a matter for which there is no specialised office that meets the legal requirements, the professional may contact a general department called the Mediator of consumption, which handles all disputes for which there is no specialised office.
Recourse to out-of-court dispute resolution is discretional: consumers are under no obligation to try to settle problems out of court. They can go directly to court to obtain a ruling.
Any consumer (natural person) who is a resident of Luxembourg or another EU country and is involved in a dispute with a professional or company (natural person or legal entity) established in Luxembourg. The dispute must be in connection with a sales or service contract.
Any professional or company (involved in a commercial, industrial or artisanal activity, or exercising one of the liberal professions), whether a natural person or legal entity, may also refer a contractual dispute with a consumer residing in Luxembourg to an out-of-court dispute resolution body, if permitted by this body.
Claims by a consumer against another consumer, or by a professional or company against another professional or company are excluded.
The rules on out-of-court resolution of consumer disputes do not apply to:
These rules must be established so as not to substantially impede consumer access to out-of-court resolution procedures for consumer disputes.
Out-of-court dispute resolution bodies may refuse to handle a case for one of the following reasons:
Within three weeks of their receiving the full claim, the body must inform the parties whether it has accepted or refused to handle the case. This information must be provided in writing or on another durable medium (e.g. by email). If the case is refused, the body must explain the reasons for their refusal.
The consumer and the professional or company must have enough time to express their point of view and to submit their documents.
The body has 90 days to help the parties reach an amicable solution to their dispute, or to propose an alternative solution. It must inform the parties of that solution in writing or on another durable medium (e.g. by email). If the body decides that the problem is particularly complicated, the 90-day period may be exceeded. In this case, it must inform the parties of the new time frame.
Referring cases to out-of-court settlement bodies is free of charge or subject to minimal costs.
Each body follows its own specific set of procedures. Information should therefore be sought from the body concerned.
The main rules are as follows:
The parties can withdraw from the procedure at any time. Should they decide to do so, the withdrawing party must inform the other party and the out-of-court resolution body of their decision within a reasonable time frame, in writing or on a durable medium (e.g. by email).
Before the procedure is initiated, the out-of-court resolution body must inform the parties of their right to withdraw from the procedure at any time.
Before accepting a solution proposed by the body, the consumer and the professional or company must be informed:
The consumer and the professional or company have a reasonable amount of time for reflection before accepting the proposed solution or an amicable agreement.
All information and documents submitted or received in the course of the settlement are confidential.
Out-of-court resolution of consumer disputes is compulsory for professionals and companies if they belong to an association that provides for this obligation.
Amicable settlement can be opted for voluntarily: this is the case when the professional or company has decided to use this type of dispute resolution before concluding the contract.
If a professional or company established in Luxembourg belongs to one of these two categories, they must provide the consumer, before the contract is concluded, with information on the out-of-court dispute resolution body that is competent to settle a dispute involving the professional/company. This information shall include, as a minimum, the website address of the body concerned.
The information on the out-of-court resolution body must be clear and easily understandable for consumers. This information must be readily available on the website of the professional/company, if such a website exists. If the professional/company has standard general terms and conditions, the information on the out-of-court resolution body must also feature therein.
For online purchases, consumers must also be informed of the option to use an online dispute resolution platform to settle their disputes with the professional/company. This platform, which is managed by the European Commission, helps consumers find out-of-court dispute resolution bodies.
The professional/company must add a link to the platform on its website. If an offer is made by email, it must also specify the address of the platform's website in the email. If the professional/company has standard terms and conditions, this information must also be included therein.
If a consumer has directly contacted a professional/company established in Luxembourg and the problem has not been settled, the professional/company must provide the consumer with information on out-of-court resolution bodies that are competent to handle the problem. They must inform the consumer whether or not it agrees to refer the case to this body. This information must be provided on paper or on another durable medium (e.g. by email). This obligation applies to all professionals and companies, even to those that are not required or do not voluntarily use out-of-court dispute settlement bodies.
For online purchases, all professional or companies and online sales platforms must also display a link on their website to the European platform for online dispute resolution. Consumers must be able to find this link easily. Online retailers must also indicate their email address.
If the consumer complains that the professional/company failed to communicate information about amicable dispute resolution, it is up to the professional/company to prove that it gave the consumer the information and that the information is accurate. A clause in the general terms and conditions, or in the contract, obliging the consumer to provide proof shall be regarded as unfair and may therefore be declared void at the consumer's request.
The consumer and the professional/company cannot be forced to settle their disputes out of court.
A professional/company may not request that consumers commit themselves to using the services of an out-of-court resolution body before any actual disputes materialise, if this rules out the possibility for the consumer to take the matter to court.
However, if the professional/company is a member of an association that obliges it to refer a dispute to an out-of-court resolution body for consumer disputes, it must agree to submit itself to it if the consumer is in agreement or requests it.
Limitation refers to expiry of a time period at the end of which someone can no longer go to court.
Out-of-court resolution may take some time if a problem is complicated or if the parties do not reach an agreement. During this time, the limitation period is suspended.
In other words, consumers attempting to settle a dispute amicably does not lose their right to go to court.