Out-of-court settlement of disputes

What is meant by ‘out-of-court complaint resolution’?

The out-of-court complaint resolution service offered by the Commissariat aux Assurances (CAA) is designed to find an amicable solution, free of charge, to your complaint against a professional supervised by the CAA.

Who can refer a complaint to the CAA?

In the context of the out-of-court complaint resolution, the Commissariat aux Assurances is competent to receive complaints from individuals, acting outside the scope of their commercial, industrial or self-employed activities, relating to insurance contrats concluded or negociated with natural or legal persons subject to its supervision.

Before approaching the CAA

Initiation of the CAA's out-of-court complaint resolution procedure is subject to the condition that the complaint has first been submitted in writing to the professional against whom the complaint has been made and that the claimant has not received neither a response at all nor a satisfactory response within a timeframe of 90 days from the day the complaint has been sent.

Is your application admissible?

A claim is not admissible in the following cases:

when the complaint has already been the subject of a court decision or arbitration award, in Luxembourg or abroad;
when the complaint is before a Luxembourg or foreign court or arbitrator;
when the complaint is referred to a body other than the CAA competent for out-of-court complaint resolution, in Luxembourg or abroad;
where the complaint has not been lodged within one year of the date on which the claimant lodged a complaint with the professional;
where the complaint concerns the professional's commercial policy;
when the complaint concerns a product or service other than insurance;
when the complaint is abusive, fanciful or vexatious;
when the complaint does not originate from a policyholder, a beneficiary of an insurance contract, an insured or an injured third party in a direct action against an insurance undertaking;
when the complaint lodged with the professional and the request lodged with the CAA are distinct in terms of their subject matter and/or grounds.

How to apply to the CAA?

The request for out-of-court complaint resolution must be made in writing in Luxembourgish, German, French or English, either

by post to the address of the CAA (11, rue Robert Stumper, L-2557 Luxembourg),
by fax to the CAA (22 69 10),
by e-mail (reclamation@caa.lu),
online on the CAA website (form FR, EN, DE).

In order to submit a complaint containing all the necessary information, we would ask you to duly complete the Request for out-of-court complaint resolution form and to let us hold the documents mentioned therein.

The CAA's conclusions

The CAA's reasoned conclusions are not binding on the parties who, after a reasonable period of reflection, are free to accept or refuse to follow them. If the parties fail to reach an agreement following the CAA's reasoned conclusion, they may refer the matter to the courts.

Useful links and documents

National legislation:
- Law of 7 December 2015 on the insurance sector, as amended
- CAA Regulation no. 19/03 of 26 February 2019 on out-of-court complaint resolution (FR, EN)
- Code de la Consommation (Consumer Code)
List of out-of-court complaint resolution bodies drawn up by the European Commission