{"id":"circulars/faq-frequently-asked-questions-relating-to-customer-complaints","title":"FAQ relating to customer complaints","type":"circular","date":"2016-11-11","kind":"faq","html":"

FAQ relating to customer complaints is a CSSF FAQ, published 11 November 2016.

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Legal basis: Loi du 17 février 2016.

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Relevant for: Consumer protection.

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Text

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FAQ Complaints FREQUENTLY ASKED QUESTIONS RELATING TO CUSTOMER COMPLAINTS − COMPETENCE, POWERS AND PROCEDURE Version dated 11 November 2016

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FAQ COMPLAINTS

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FAQ Complaints TABLE DES MATIÈRES / TABLE OF CONTENTS Question 1: What is the legal context of the CSSF’s intervention as regards out-of-court complaint resolution? Question 2: In which cases is the CSSF competent to intervene in out-of-court complaint resolution? Question 3: How to find out whether the entity referred to in your complaint is supervised by the CSSF? Question 4: What are the different steps to follow before filling a complaint with the CSSF? Question 5: How can I contact the CSSF and submit my request? Question 6: In which language must the request be submitted to the CSSF? Question 7: In which format must the request and the accompanying documents be filed with the CSSF and which documents must be included in the request? Question 8: How does the CSSF communicate with the complainants? Question 9: What are the powers of the CSSF? Question 10: Is the handling of complaints charged by the CSSF?

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3 3 4 4 5 5 5 6 7

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7 Question 11: Can you be represented or assisted by a lawyer, a relative or an association? 7 Question 12: Can the CSSF recommend a lawyer in Luxembourg? 7 Question 13: Is there a minimum amount required in order for the complaint to be dealt with by the CSSF? 8 Question 14: How long does the out-of-court resolution procedure last with the CSSF? 8 Question 15: What is the spirit in which the procedure unfolds? 8 Question 16: Is the out-of-court resolution procedure of my request impacted if the CSSF finds a prudential issue at the level of the professional? 8 Question 17: How should the reasoned conclusion letter by the CSSF be interpreted? 9 Question 18: Is the CSSF member of an international group dealing with investor protection and/or mediation? 10

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FAQ COMPLAINTS

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FAQ Complaints Question 1: What is the legal context of the CSSF’s intervention as regards out-of-court complaint resolution? Published on 11 November 2016

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Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes provided for provisions to set a framework for the out-of-court resolution of consumer disputes in the Member States of the European Union. The directive has been transposed into Luxembourg law through the Law of 17 February 2016 (Mémorial A, No 60 of 14 April 2016) introducing the alternative dispute resolution for consumer disputes into the Consumer Code and amending certain other legal provisions of the Consumer Code. The CSSF adopted CSSF Regulation N° 16-07 (published in Mémorial A, No 228 of 11 November 2016) to take into consideration the new requirements of the Consumer Code in its legislation. The CSSF is now listed on the “list of qualified bodies” held by the Ministry of Economy in accordance with the new legislation. CSSF Regulation N° 16-07 is an updated version of CSSF Regulation N° 13-02 relating to the out-of-court resolution of complaints, which remains applicable for claims filed with the CSSF before the entry into force of CSSF Regulation N° 16-07.

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Question 2: In which cases is the CSSF competent to intervene in out-of-court complaint resolution? Modified on 11 November 2016

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The CSSF is, in principle, competent to intervene in any dispute you may have as a customer of a professional supervised by the CSSF (bank, private portfolio manager, domiciliation agent, etc.) whenever said dispute is related to a professional’s activity that is supervised by the CSSF. You may confirm whether the entity referred to in your complaint is indeed supervised by the CSSF via the online tool “Supervised Entities”. The CSSF is not competent to handle complaints concerning entities of the insurance sector, the competent authority being in that specific case the Commissariat aux Assurances.

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The text above is the opening of the document; the PDF carries the whole.

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Document page, PDF. Source: Commission de Surveillance du Secteur Financier (CSSF), reproduced with the CSSF's consent. The French text prevails.

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