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The CSSF is competent to receive complaints from customers (natural or legal persons) of the professionals subject to its supervision and to act as an intermediary in order to seek an amicable settlement of these complaints.
The CSSF acts in its capacity of alternative dispute resolution (“ADR”) entity, notably pursuant to the European legislation relating to the out-of-court resolution of consumer disputes that was transposed into Luxembourg law and introduced into the Consumer Code in 2016.
The CSSF is registered on the list of ADR entities within the meaning of Article L. 431-1 of the Consumer Code and on the list of ADR entities established and published by the European Commission.
The complaints that are sent to the CSSF are handled by its legal department : “Legal Department Consumer Protection/Financial Crime” of the CSSF.
The out-of court resolution of disputes takes place on a voluntary basis and is free of charge.
The extrajudicial procedure of the CSSF aims at facilitating the resolution of complaints which are directed against professionals which are under the supervision of the CSSF.
The procedure is not a mediation procedure within the meaning of the Law of 24 February 2012 on mediation in civil and commercial matters, which has been introduced into the Nouveau Code de Procédure Civile.
The parties to the procedure before the CSSF undertake to keep confidential the communications and documents exchanged during the procedure. Unless agreed by the parties, neither the entity for the out-of-court resolution of consumer complaints nor the persons involved in the administration of the procedure may use, produce or rely on the documents drawn up, the communications made and the statements collected in the course of an out-of-court complaint resolution procedure.
The opening of an out-of-court complaint resolution procedure with the CSSF is subject to the following cumulative conditions:
The complaint can be filed either:
The complaint shall be filed together with all relevant documents in English, French, German or Luxembourgish. The extrajudicial resolution procedure will, in principle, be conducted in one of the above-mentioned languages in which the complaint was filed with the CSSF.
The complaint shall be duly motivated and accompanied by the following documents:
Any document that is potentially useful for a proper understanding of the dispute with the professional will be attached to the complaint.
If the file is sent by post, original documents must be kept and only copies of the documents should be enclosed with the mail.
The procedure is free of charge.
Each party shall bear its own costs (e.g. lawyer fees).
Prior to filing an out-of-court complaint with the CSSF, the complainant must submit the complaint in writing to the manager responsible for complaint handling at the company aimed at by the complaint. If the complainant has not received a satisfactory answer nor an acknowledgement of receipt within one month as of the date when the complaint was sent to the manager responsible for complaint handling, the complainant may submit a complaint to the CSSF within one year after having filed the complaint with the manager responsible for complaint handling.
The parties have access to the procedure without having to be assisted by a lawyer or by a legal adviser.
The handling of complaints is in principle carried out in writing.
The complaint file is deemed to be complete when all relevant documents and information for the examination of the complaint have been received by the CSSF. When the complaint file is complete, the CSSF confirms to the complainant and to the professional in writing or by way of a durable medium that it has received the complete complaint file and the date of receipt of the complete complaint file.
In the case where the CSSF is unable to deal with the request, it provides the complainant within three weeks after the receipt of the complete request with a detailed explanation of the reasons why it does not accept to deal with the complaint.
In principle, the CSSF issues its reasoned conclusions within 90 days as of the date when the complaint has been considered complete. The CSSF can extend the initial deadline of 90 days in case of highly complex cases. The CSSF informs both parties of the extension of the initial deadline as soon as possible.
While analysing the complaint, the CSSF may request the professional and the complainant to provide it with additional information, documents or explanations, in any form whatsoever.
When the analysis of the complaint has been completed, the CSSF sends its decision to the parties stating the grounds on which it was taken.
The CSSF may conclude that the complaint is totally or partly justified in which case the CSSF will ask parties to contact each other to settle their dispute in view of the reasoned conclusion and to inform it of the follow-up.
The CSSF may also decide that the positions of the parties are irreconcilable or unverifiable in which case the CSSF will close the case without further ado.
The parties are informed that the conclusions reached by the CSSF:
In the conclusion letter, the parties’ attention is also drawn to the possibility to seek remedies through legal proceedings, in particular, if the parties fail to reach an agreement after the CSSF issued its reasoned conclusion.
The out-of-court resolution of a dispute ends: