Alternative Dispute Resolution (ADR) - European Consumer Centre Luxembourg

The Alternative Dispute Resolution of cross-border consumer disputes (ADR)

The ADR Directive (Directive 2013/11/EU) ensures that consumers can turn to quality alternative dispute resolution bodies for all types of contractual disputes they have with professionals, regardless of what they have purchased (with the exception of health and higher education disputes) or whether they have purchased it online or offline, in their country or abroad.

What is an ADR scheme?

An ADR is a third party (conciliator, mediator, complaints office, ombudsman, etc.) that offers a solution to the dispute or brings the parties together to help them find an amicable solution, without going to court. This is why it is called alternative dispute resolution. This allows disputes to be resolved quickly and inexpensively.

What rules apply to these alternative dispute resolution schemes?

Alternative dispute resolution schemes must comply with a number of principles:

competence, independence and impartiality,
transparency,
efficiency (access without a lawyer, moderate cost, speed),
freedom (non-binding decision, maintaining the right to bring the case to court),
representation (right to be assisted by a lawyer).

Before being able to refer to an alternative dispute resolution system, a complaint must first be sent in writing to the professional concerned, without having been able to obtain a satisfactory response.

In Luxembourg, there are seven out-of-court dispute settlement schemes in the field of consumer law, each one being competent for a specific sector of activity:

Service national du Médiateur de la consommation (Mediator of Consumption)

In what area?
Any consumer, living in Luxembourg or in another country of the European Union, who has a dispute with a professional established in Luxembourg, can turn to the Mediator of Consumption if the dispute concerns a contract with the professional. The professional established in Luxembourg can also turn to the Mediator in case of a dispute with a consumer residing in Luxembourg. The dispute must result from a sales or service contract.

Cost ?
Free of charge

Outcome?
Amicable agreement or proposal for a solution that is not binding for the parties.

Contact:
Service national du Médiateur de la consommation
Ancien Hôtel de la Monnaie
6, rue du Palais de Justice
L-1841 Luxembourg
Phone : +352 46 13 11
Fax : +352 46 36 03

info@mediateurconsommation.lu
https://www.mediateurconsommation.lu/

Commissariat aux Assurances

Médiateur en Assurances (Insurance Mediator)

In what area?
The mediator's main mission is to deal with insurance disputes between insurance companies established in Luxembourg and consumers or other natural persons, whether or not they are Luxembourg residents.

Cost?
Free of charge.

Outcome?
Proposal of a non-binding solution on the parties.

Contact:
Union Luxembourgeoise des Consommateurs (ULC)
55, rue des Bruyères
L-1274 Howald
Phone: +352 49 60 22-1
Fax: +352 49 49 57

info@ulc.lu
www.ulc.lu

Association of Insurance Companies (ACA)
12, rue Erasme
L-2014 Luxembourg
Phone: +352 44 21 44-1
Fax: +352 44 02 89

mediateur@aca.lu
www.aca.lu

Centre de Médiation Civile et Commerciale (Civil and Commercial Médiation Center(CMCC))

In which field?
Any type of dispute.

Cost ?
The mediator's fees are charged according to an hourly rate agreed upon by the mediator and the parties. In addition, the CMCC charges an administrative fee at an hourly rate of 150 EUR excluding taxes. The costs and fees of the mediation are borne equally by the parties, unless they decide otherwise.

Outcome?
Agreement between the parties following the mediator's intervention.

Contact :
Centre de Médiation Civile et Commerciale
Cité Judiciaire - TL building - office TL0.09c
L-2080 Luxembourg
Tel: +352 27 85 42 1

info@cmcc.lu
www.cmcc.lu

Commission de Surveillance du Secteur Financier (CSSF)

Commission Luxembourgeoise des Litiges de Voyage (CLLV)

In which field?
The CLLV's mission is to find an out-of-court settlement to consumer complaints relating to national and cross-border disputes concerning package travel contracts governed by articles L.225-1 et seq. of the Consumer Code, concluded by a consumer residing or not in Luxembourg and a professional established in Luxembourg, as well as to any other travel service contract concluded by a consumer residing or not in Luxembourg through a travel agency established in Luxembourg

Cost ?
Free procedure

Outcome?
Amicable agreement or proposal for a legally non-binding solution.

Contact:
Union Luxembourgeoise des Consommateurs (ULC)
55, rue des Bruyères
L-1274 Howald
Phone: +352 49 60 22-1
Fax: +352 49 49 57
cllv@pt.lu
www.ulc.lu

Institut Luxembourgeois de Régulation (ILR)

In which field?
A consumer residing in Luxembourg or in the European Union can file a request for mediation against a professional (electronic communications operator, electricity/natural gas supplier/network operator or postal service provider) established in Luxembourg, just as a professional established in Luxembourg can file a request for mediation against a consumer residing in Luxembourg.

Cost ?
Free of charge.

Outcome?
Proposal for a solution that is not binding on the parties

Contact:
Institut Luxembourgeois de Régulation
17, rue du Fossé
L-1536 Luxembourg
Tel: +352 28 228 444
mediation@ilr.lu
www.ilr.lu

To find out about the alternative dispute resolution in the European Union.

Other link : Analyse des litiges transfrontaliers de consommation soumis aux ADR du Luxembourg en 2013-2014- Auteur CEC Luxembourg (rapport ADR 2013-2014)

Other link : Article L 412-2 of the Consumer Code