In addition to its main mission, which is to assist consumers in their cross-border disputes, the ECC Luxembourg is also the contact point, at a national level, for various services listed below. Our services are free of charge.
Within the framework of the Services Directive (Directive 2006/123/EC of 12 December 2006 on services in the internal market), the ECC Luxembourg has been designated as contact point for providing general information to consumers who want to use the services of a provider established in another EU member state. This information may relate to the requirements applicable in other member states as regards access to and exercise of service activities, in particular those relating to consumer protection, but also to the means of redress available in the event of disputes between a service provider and a recipient (article 21 of the Directive).
For example: When you are considering working with an architect located in another EU country, you probably want to know if he has to provide proof of his professional qualifications, or if he is obliged to take out an insurance, or what means of dispute resolution are available to you etc..
The Directive aims to remove obstacles to the free movement of services in the EU, for example through administrative simplification and the creation of one-stop shops where service providers can obtain information. This increases the choice available to recipients of services. It also strengthens the rights of these recipients of services, in particular by prohibiting discriminatory tariffs based on the nationality or residence of the recipient of the service (Article 20 of the Directive).
For example: A Luxembourg resident wishes to buy trekking equipment on a Spanish website and realizes that the price he is charged is higher than if he lived in Spain, without any objective reason. Following the intervention of the ECC Luxembourg, the seller finally charged him the same price as for Spanish residents.
Scope of application: The Directive applies to any service provided for remuneration, with the exception of certain sectors: non-economic services of general interest, financial services (including banking, credit, insurance and reinsurance, occupational and personal pensions, securities, investment funds and payments), electronic communications services (as far as matters governed by the relevant directives are concerned), transport services (including port services), services of temporary employment agencies, health care services, audiovisual services, gambling activities, activities connected with the exercise of public authority, certain social services (relating to social housing, childcare and assistance to persons in need), private security services, services provided by notaries and bailiffs etc..
The EU Regulation in respect of online disputes (ODR Regulation): The ODR platform
The ODR Regulation creates an Europe-wide online platform for disputes that occur in online transactions. The ODR platform proposes to link all national alternative dispute resolution entities and operates in all official languages of the European Union. Since the launch on 15 February 2016 and the ODR platform is now an additional tool available to consumers and traders wishing to initiate an online amicable resolution of their domestic or cross-border dispute.
The European Consumer Centre has been designated as the contact point for Luxembourg (article L. 412-3 of the Consumer Code).
European payment order
Since January 2017, ECC Luxembourg is the contact point for consumers and professionals in relation of the European payment order. This payment order simplifies, accelerates and reduces the costs of cross-border disputes in civil and commercial matters if the claim is not contested by the debtor.
Created by the European Regulation No. 1896/2006 of 12 December 2006. It is applicable in all Member States of the European Union except Denmark.
The European order for payment procedure applies to cross-border disputes, i.e. disputes in which at least one party is habitually resident in a Member State other than that where the court is located.
European Small Claims Procedure
The European small claims procedure aims to improve access to justice by simplifying procedures for settling cross-border disputes in civil and commercial matters up to a value of 5000 €.
If you have a dispute with a professional established in another member state, except Denmark, you can fill out a standard form and send it to the competent court.
Since 28 June 2019, Luxembourgish consumers can contact the ECC Luxembourg, among others, in cases:
- when consumers are redirected to the website of their country of residence when shopping online, without having given their prior consent;
- when consumers cannot shop on foreign websites under the same conditions as domestic consumers;
- when Luxembourgish credit cards are refused at the time of payment.
External warning body
Since 17 January 2020, the ECC Luxembourg has been designated as the external alert body and is thus empowered to issue alerts to the competent authorities in order to take effective action against traders who do not respect EU consumer rights, in accordance with EU Regulation 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws.