The Claims must comply with the requirements of applicable laws and regulations:
– CSSF regulation n ° 13-02 concerning the out-of-court settlement of claims
– Circular CSSF 14/589 / Details concerning the CSSF Regulation n ° 13-02 of October 15, 2013 relating to the out-of-court settlement of claims
– Circular CSSF 17/671 Details concerning the CSSF Regulation N ° 16-07 of October 26, 2016 concerning the out-of-court settlement of claims (Repeal of circular CSSF 14/589)
A complaint can be addressed in writing by a formal letter or by email to the following address:
Ms Sarah Stroup – Email: email@example.com
12 rue Guillaume Schneider
The complaint must include the following information:
• Company name
• Surname and first name of the contact
• Contact function
• Contact details: phone, email
• A detailed description of the facts underlying the complaint
• Relevant document (s) and / or correspondence (s)
• Any other relevant details regarding the complaint
Upon receipt of the information, an acknowledgment of receipt of the complaint, as well as the name and contact information of the person in charge for the follow-up will be sent within ten (10) working days from the date of receipt.
GITS PSF agrees to provide a response to the claim within one (1) month from the date of receipt. If an answer cannot be provided within this time frame, GITS PSF will inform you on when an answer will likely be provided.
If you don’t receive any answer or if you do not remain satisfied with the answer, please contact the person in charge of the company:
• Mr Mukesh Prayagsing – Email: firstname.lastname@example.org
Referral to the CSSF:
If, afterwards, you still consider that the obtained answer is not complete, clear and justified, you have the possibility of an out-of-court resolution procedure with the CSSF. This request may be submitted within one (1) year after filing the claim with GITS PSF.
The opening of the CSSF out-of-court complaint procedure is subject to the following conditions:
• The client has previously sent a writing complaint to the Claims Manager, and
• He did not receive a response or a satisfactory response from the Claims Manager within one (1) month.
The complaint to the CSSF can be sent in French, German, Luxembourgish or English:
o By mail to the following address:
283, route d’Arlon
Grand Duchy of Luxembourg
o By fax to the following number: (+352) 26 25 1 – 601
o By email at the following email address: email@example.com
o Or online on the CSSF website: http://www.cssf.lu/en/consumer/reclamations/
In order to facilitate the filing, the CSSF publishes a form on its website, the request must be made in accordance with the requirements of the CSSF established on the website and the available applicable form. Please refer to Article 5 (2) of CSSF regulation 16-07 on out-of-court claims settlement.
Remarks on the requests made to the CSSF:
The client cannot submit an extrajudicial complaint to the CSSF in the following cases:
– The complaint has already been examined or is being examined by another out-of-court dispute resolution body, an arbitrator, an arbitration tribunal or a court in Luxembourg or abroad;
– The complaint concerns the commercial policy of the company;
– The complaint concerns a service that is not related to the activities of the company
– The complaint was not previously submitted to the company in accordance with the above requirements;
– The client did not file the request with the CSSF within one (1) year after filing the claim with the company;
CSSF analysis of the application file:
Once the CSSF has received a request to fulfill all the conditions, it will send a copy to the company and ask the claim Responsible Director to take a position within a period of up to one (1) month. The CSSF will inform of this transmission.
As soon as the CSSF is in possession of all relevant documents or information, it will confirm to the customer, as well as to GITS PSF, in writing or using a durable medium, that it has received the complete application and when.
Within three (3) weeks of receipt of the complete application, the CSSF will decide to the customer as well as GITS PSF:
– If he agrees to process the application where
– If he is unable to process the request (providing a detailed explanation of the reason for the request to the parties concerned).
Conclusion of the CSSF
Once the application analysis has been completed by the CSSF, it will send to the parties concerned a motivation letter with the reasons for taking the position:
– A conclusion letter from the CSSF stating that the request is partially or completely justified: ask the client and GITS PSF to contact each other in order to settle their dispute with a view to the reasoned conclusion and to inform the CSSF of the followed;
– A conclusion letter from the CSSF stating that the positions of the client and GITS PSF are reconcilable or unverifiable.
The client and GITS PSF are informed that the conclusions reached by the CSSF after the analysis of the application may differ from the order of a court applying legal provisions.
We are also informed by the CSSF that because of the non-binding nature of the CSSF’s reasoned conclusions, we are free to accept or refuse to follow them. In the conclusion letter, the CSSF draws our attention to the possibility of seeking compensation in court proceedings; in particular, if we do not reach an agreement after the reasoned conclusion of the CSSF.
Once the conclusion letter has been received by the CSSF, the complainant and GITS PSF must inform the CSSF if each party decides to accept, refuse or follow the solution proposed by the CSSF within the time limits defined by the CSSF.
Length of the proceedings.
The CSSF issues a reasoned conclusion within ninety (90) days of receipt of a complete application.
In the case of very complex files, the CSSF may extend the 90-day period by informing the client, as well as GITS PSF, of the approximate extension needed as soon as possible and at the latest before the end of the 90-day period.
Representation and assistance
This procedure is accessible without the assistance of a lawyer or legal counsel. However, the client and GITS PSF may seek independent advice or be represented or assisted by a third party at any stage of the proceedings.
Closure of the procedure by the CSSF
The CSSF will close the procedure if one of the following happens:
– A conclusion letter is sent by the CSSF so that the request is partially or completely justified: by asking the client as well as GITS PSF to get in touch to settle their dispute with a view to the conclusion motivated and inform the CSSF of the followed; or
– A conclusion letter is sent by the CSSF stating that the positions of the customer and the company are irreconcilable or unverifiable;
– The CSSF is informed that a friendly settlement between the parties concerned took place during the procedure;
– In case of written withdrawal of one of the parties concerned (written notification to the CSSF and the party concerned);
– When the right on which the complaint is based is prescribed and when the company declares that the time for exercising it has expired;
– When the complaint has been submitted to a Luxembourg or foreign court or arbitrator;
– When the complaint has been submitted to an out-of-court complaint resolution body other than the CSSF in Luxembourg or abroad;
– When the complainant does not provide the documents, information, explanations or additional positions requested by the CSSF within the deadline set by the CSSF, which may not exceed three (3) weeks.