Any consumer, professional or company in search of an amicable settlement to 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 a body specialising in the matter at hand exists for the out-of-court resolution of consumer disputes, and this body meets certain quality criteria, the Mediator of consumption refers the consumer and the professional or company to this other body on the list of out-of-court resolution bodies, and transfers the case file to that body. In such instances, it cannot process the case itself.
Generally, consumers and companies may refer to the Mediator of consumption for information on organisations providing amicable out-of-court resolution of consumer disputes in Luxembourg.
Any consumer who is a natural person residing in Luxembourg or in another EU member state involved in a consumer dispute with a professional or company with its registered office in Luxembourg may contact the Mediator of consumption if the dispute concerns a contract with that professional or company.
Any professional or company with its registered office in Luxembourg involved in a dispute with a consumer residing in Luxembourg may also contact the Mediator of consumption.
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 contacts the Mediator of consumption more than a 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 or company pertaining to a contract.
The Mediator of consumption can be contacted free of charge.
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.
Requests 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 (contract, post or email correspondence with the other party, photographs, etc.).
The request must contain a summary of the dispute.
The Mediator of consumption may request any information or documentation it deems necessary to process the request.
It will inform the parties that it has received a complete request after it has received all of the necessary information and documents.
Within three weeks of receiving the complete request, the Mediator of consumption will inform the parties of whether it will accept the case or not. If it cannot process the case, it will provide the parties with a detailed explanation in this regard.
In carrying out its mandate, the Mediator of consumption will help the parties resolve their dispute between 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 maximum duration of 90 days may be extended in the event of complex disputes.
Either party may withdraw from the process at any time.
All information and documents submitted or received in the course of the settlement are confidential.