Le Service national du Médiateur de la consommation

Are you involved in a dispute with a trader or a client? The Mediator of consumption can help you to resolve the dispute amicably. This is done on a voluntary and confidential basis.
 
It is simple, fast and free of charge.

The National service of the Mediator of consumption (Service national du Médiateur de la consommation) is a neutral and independent body which makes available to consumers and traders a voluntary and confidential procedure designed to resolve consumer disputes, that is to say disputes deriving from a sale contract or a service contract entered into between a consumer and a trader, on an amicable basis.

The Mediator of consumption may serve as an impartial intermediary in order to facilitate dialogue between the parties and assist them in jointly seeking an amicable solution. If the parties do not reach an amicable agreement, the Mediator of consumption can suggest a solution to them, which they are free to accept or reject.

The National service of the Mediator of consumption is included on the list of qualified entities drawn up by the Ministry of the Economy.

TASKS

  • Providing information about alternative dispute resolution edit
  • Receiving applications edit
  • Endeavouring to reach an amicable solution edit

Providing information about alternative dispute resolution

The Mediator of consumption is entrusted with the task of informing consumers and traders about the possibility of alternative (extrajudicial) resolution of consumer disputes. Thus, both consumers and traders may contact the Mediator of consumption to obtain information about their rights and obligations in connection with alternative resolution of a dispute of that kind.

Receiving applications

The Mediator of consumption has the task of receiving all applications for alternative resolution of consumer disputes and, if another entity entered on the list kept by the Ministry of the Economy is competent to deal with the dispute, he forwards the application to that entity without delay.

Endeavouring to reach an amicable solution

In the event that no other entity is competent to deal with the dispute, the Mediator of consumption takes action himself in order to help the parties find an amicable solution to the dispute. The Mediator of consumption may also propose a solution to settle the dispute amicably if, on completion of the procedure, the parties have not reached an agreement. The parties are free to accept or reject the solution proposed by the Mediator of consumption.

THE MEDIATOR’S COMPETENCIES

Disputes in which he may take action

  • Any consumer who is a natural person living in Luxembourg or in another European Union country and is involved in a dispute with a trader established in Luxembourg may contact the Mediator of consumption if the dispute concerns a contract with that trader.
  • Any trader established in Luxembourg who has encountered a problem with a consumer residing in Luxembourg may also bring the matter before the Mediator of consumption.
  • The dispute must derive from a sale or service contract.

Disputes in which he cannot intervene

It is important to note that the National service of the Mediator of consumption is not a body for the protection either of consumers or of traders. Thus, he cannot answer questions from you concerning your rights and obligations deriving from a sale contract or a service contract.
Furthermore, the following contracts are excluded from the competence of the National service of the Mediator of consumption:

  • non-economic services of general interest provided by the State or other public bodies;
  • disputes between traders;
  • health services provided by health professionals (doctors, hospitals, etc.) to patients in order to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices;
  • public providers of further or higher education.

Grounds for refusal

The Mediator of consumption may refuse to deal with an application for any of the following reasons:

  • the applicant has not submitted a complaint to the other party with a view to settling the problem
  • the dispute has no real justification or is delusional
  • the dispute has been or is being examined by another entity responsible for alternative dispute resolution, an arbitration tribunal or a court, whether in Luxembourg or abroad
  • the applicant has brought the matter before the Mediator of consumption more than one year after the date on which he submitted his complaint to the other party
  • dealing with the problem would seriously hamper the functioning of the National service of the Mediator of consumption
  • the application does not concern a dispute between a consumer and a trader arising from a sale or service contract

THE ADVANTAGES OF ALTERNATIVE DISPUTE RESOLUTION

  • The procedure is free of charge
    The procedure is free of charge

    The procedure is entirely free of charge, both for the consumer and for the trader.  However, the costs incurred by each party, such as lawyers’ fees, travelling expenses or the cost of an expert’s report, are borne by each party respectively, unless agreed otherwise.

  • The procedure is confidential
    The procedure is confidential

    During the procedure, the parties may express their views freely, since information disclosed cannot in principle be relied upon in any subsequent judicial proceedings.

  • The Mediator of consumption helps the parties reach an amicable solution
    The Mediator of consumption helps the parties reach an amicable solution

    The Mediator of consumption helps the parties renew their dialogue and find an amicable solution.

  • The procedure is fast
    The procedure is fast

    The result of the procedure is notified to you within a period of 90 days as from receipt of the complete application. This time limit may be extended if the dispute is complex.

  • Participation is voluntary
    Participation is voluntary

    Participation in the procedure is entirely voluntary.  In other words, not only are the parties free to participate in the procedure and to withdraw from the procedure at any time, but they are also free to accept or reject any solution which the Mediator of consumption may propose.

The phases of the procedure:

Negotiation

During the negotiation phase, the consumer and the trader exchange their points of view and may submit a proposal for an amicable solution. Thus, their different viewpoints and their willingness to participate in the procedure are clarified.
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Mediation

During the mediation phase, the Mediator may contact each of the parties with a view to finding some common ground between them.

If the parties do not reach an agreement, the Mediator of consumption may invite the parties to meet in order to discuss the possibility of an amicable solution.
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Agreement

If the parties have reached an agreement on an amicable solution, they sign that agreement. If they have not achieved resolution, the Mediator of consumption may propose a solution which the parties are free to accept or reject.
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FAQ

  • What does the Mediator of consumption do?

    The Mediator of consumption can inform you about the various possibilities you can try to find an amicable solution for a consumer dispute.

    He receives all applications for amicable settlement of consumer disputes and forwards those applications to a specialised entity, if one exists in the specific area of activity.

    Otherwise, he himself takes responsibility for the application.

  • Who can submit applications to the National service of the Mediator of consumption?

    Both consumers and traders can submit an application for an amicable settlement to the Mediator of consumption for consumer disputes, that is to say disputes arising from a sale or service contract.  Traders must be established in Luxembourg.

  • What is a consumer dispute?

    A consumer dispute is a disagreement regarding a sale contract or a service contract entered into between a consumer and a trader.

  • Can I go to the Mediator of consumption regarding any dispute whatsoever?

    You can submit any applications for an amicable settlement of consumer disputes to the Mediator of consumption.

    However, he will be unable to help you in the following cases:

    • non-economic services of general interest provided by the State or other public bodies;
    • disputes between traders;
    • health services provided by health professionals (doctors, hospitals, etc.) to patients in order to assess, maintain or restore their state of health, including  the prescription, dispensation and provision of medicinal products and medical devices; for such disputes, it is open to you to contact the National health information and mediation service (Service national d’information et de mediation dans le domaine de la santé), 73 rue Adolphe Fischer (4th floor), L-1520 Luxembourg, telephone: (+352) 24 77 55 15, info@mediateursante.lu, www.mediateursante.lu ; and
    • public providers of further or higher education.
  • In what circumstances can the Mediator of consumption refuse to process my application?

    The Mediator of consumption may refuse to act upon your application if:

    • you have not submitted a complaint to the other party;
    • the dispute has no real justification or is delusional;
    • the dispute has been or is being examined by another entity seeking amicable settlement, an arbitration tribunal or a court, whether in Luxembourg or abroad;
    • you have submitted your application more than one year after making a complaint to the other party;
    • dealing with the problem would seriously hamper the functioning of the National service of the Mediator of consumption; and
    • the application does not concern a dispute between a consumer and a trader arising from a sale or service contract.
more FAQ

CONTACT

Service national du Médiateur de la consommation
Ancien Hôtel de la Monnaie
6, rue du Palais de Justice
L-1841 Luxembourg

46 13 11
46 36 03
info@mediateurconsommation.lu

Opening hours : mondays to fridays from 9.00 to 12.00 and 14.00 to 17.00 o’clock
 

 
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