- A decision: Any decision of the administration can be disputed. However, a simple letter of explanation or information from the administration cannot be disputed.
- Time limit: The dispute against an administrative decision is subject to a time limit. This time limit is normally 3 months in Luxembourg, except in cases where a longer or shorter time limit has been set by law or by regulation (e.g. in matters of immigration, taxes etc.). If an administration has not responded to a request, it can normally be considered as refused after 3 months (except if otherwise foreseen by law).
- obligation to inform: The administration is obliged to inform you of the possibility of lodging an appeal against its decision: The administrative decision will in principle indicate that an appeal may be lodged within 3 months by a lawyer before the Administrative Court (except in cases where special procedures or rules are laid down by law).
- The informal appeal (recours gracieux): Before lodging a judicial claim and unless there is a special procedure, you can first ask the administration directly to review its decision by lodging an “informal appeal”.
- The deadline for an informal appeal: This informal appeal must be lodged within the deadline for a judicial appeal – 3 months in principle. The legal deadline to bring the case to Court is then suspended until a new decision has been rendered following the informal appeal.
- The form and content of the informal appeal: To be valid, the informal appeal must simply but clearly mention a complaint against the decision and be lodged within the applicable deadline. It is always advisable to send such an informal appeal by registered mail with acknowledgement of receipt, to retain a proof that such informal appeal has been filed.
- The decision on an informal appeal: A new time limit for a judicial claim starts from the date of receipt of the notification of the new decision (mostly a refusal) following the informal appeal.
- claim filed with the Mediator of the Grand Duchy of Luxembourg (Ombudsman): If the administration fails to respond to your informal appeal within one month or refuses to review its position, you may also file a claim with the Ombudsman to intervene with the administration to find a non-contentious solution to the dispute.
- What happens to time limits when a complaint is made to the Ombudsman: It is important to note that a complaint to the Ombudsman of the Grand Duchy of Luxembourg does not suspend the time limit for legal recourse, which will continue to lapse even though a claim has been filed with the Ombudsman.
- Legal recourse in front of the Administrative Court: If your request for an informal appeal is rejected and/or your complaint to the Ombudsman is rejected, you can still lodge a legal recourse before the Administrative Court. The claim must be filed within three months of the notification of the initial decision or the new decision (in case you have filed an informal appeal). In case of silence of the administration in relation to a request, the judicial recourse is not locked in any time limit (as long as no decision has been taken by the administration).
