Frequently asked questions

The Consumer Mediation Service seeks solutions to consumer disputes. We do this in three ways:

• -We give you all the information you need to understand the differences between lawyers, mediators, ombudsmen and so on. In doing so, we obviously encourage out-of-court dispute resolution.
• We will direct you to the appropriate and competent service. In many sectors, there is a (mediation) service that operates specifically in that sector. They are obviously the best people to help you.
• If there is no specific sectoral service, we mediate with the Consumer Mediation Service on behalf of the consumer. In this way, we ensure that everyone is helped.

We also make recommendations to companies and sectors, as well as to parliament and government. Indeed, on the basis of all the information we receive, we are well placed to assess correctly where changes are needed.

• We are neither the consumer’s nor the company’s lawyer. We are an independent and impartial service that seeks solutions.
• We cannot impose fines or sanctions. The detection, prevention and punishment of breaches of economic regulations are the responsibility of the courts and the FPS Economy.
• We do not handle:
  • Disputes between two companies
  • Disputes between two consumers
  • Disputes between public authorities and citizens
  • Complaints concerning another mediation service
  • Disputes with a foreign company
• For complaints about the operation of a business or to report a breach of the law, please refer to ConsumerConnect.

Any dispute between a consumer and a Belgian company will be examined by the Consumer Mediation Service. If there is a sectoral service (ombudsman), we will provide you with targeted guidance. If there is no such service, we will handle the mediation ourselves. In this way, we ensure that every dispute has a chance of being resolved amicably.

We do not handle:

• Disputes between two companies
• Disputes between two consumers
• Disputes between public authorities and citizens
• Complaints concerning another mediation service
• Disputes with a foreign company

The Consumer Mediation Service only intervenes in disputes with companies established in Belgium. We rely on the information we find in the BCE (Banque Carrefour des Entreprises). There you will find all the information relating to a company, including the company number.

If the form mentions a Belgian company, the CMS is competent. On the other hand, if it is indicated that the company is a foreign company, the CMS does not have jurisdiction.

Yes, the Consumer Mediation Service will only open a file if you can prove that you yourself have tried to find a solution with the company.

No. If your case is or has been the subject of legal proceedings, it cannot be submitted to the Consumer Mediation Service again.

The Consumer Mediation Service always endeavors to answer your questions as quickly as possible.

We will inform you of the decision to continue or refuse your application within three weeks of receipt of the complete application. If your application is refused, we will give reasons for our decision.

Within 90 calendar days of receipt of the complete request We will inform the parties of the outcome of the dispute within 90 calendar days of receipt of the complete request.

This time limit may be extended once by the same amount of time in exceptional circumstances, provided that the parties have been informed before the expiry of the first time limit and that this extension is justified by the complexity of the dispute.

In order to help you as best we can, we must have the following information:

• A concise, clear statement of the facts and your proposed solution.
• Proof that you have already tried to resolve the dispute yourself.
• Company details: name, address and company number if applicable.

Be sure to check the other details and information:

• Have I given my full name, date of birth, full address, telephone number and e-mail address, if applicable?
• Have I described my complaint clearly enough?
• Have I adequately described my expectations of the MCMS? What is my concrete proposal for solving my problem?
• Have I included all the information necessary for my claim: receipt, contract, declarations, order form, delivery note, extracts, invoice, general conditions, etc.?
• Have I added all communications (emails, letters, messages, etc.) to my file?
• If I am being represented, have I added a power of attorney for this third party to my complaint form?

To be admissible, and therefore to be processed by the Consumer Mediation Service, your request must meet several conditions.

We may refuse your application if:

•  it has not been filed in advance with the company concerned or,
•  if it was submitted to the company concerned more than one year ago or
•  if handling your dispute would compromise the smooth operation of the Consumer Mediation Service.

We will refuse your application in all cases if:

•  your complaint is fabricated, offensive or vexatious;
•  your file is anonymous or if we cannot sufficiently identify the other party,
•  your case has already been dealt with by another qualified body, or if
•  your complaint is or has already been the subject of legal action.

We cannot process an inadmissible application, whereas we will try to complete an incomplete application together. However, if your application remains incomplete, we will not be able to process it either.

No. The  Consumer Mediation Service procedure is entirely without obligation. Businesses that do not follow the recommendation(s) of the Consumer Mediation Service have thirty calendar days to notify us and the other party of their reasoned opinion.

You are always free to go to court after a procedure with the Consumer Mediation Service.

If you are not satisfied with the result obtained by the Consumer Mediation Service, you can still go to court, preferably in the presence of a lawyer.

No appeal is possible against the outcome of the Consumer Mediation Service procedure.

The Consumer Mediation Service’s revenue is threefold and determined by law. It consists of:

1. a grant from the general expenditure budget;
2. contributions from companies involved in the out-of-court settlement of consumer disputes which are not manifestly unfounded;
3. part of the “mediation fees” collected to finance the sectoral mediators who are members of the Consumer Mediation Service’s executive committee

The amounts that companies must pay are set out in the Royal Decree of 1 March 2018 as follows:

• 100 euros per claim from the 5th claim processed for out-of-court settlement of a consumer dispute;
• 200 euros per claim from the 20th claim processed for out-of-court settlement of a consumer dispute;

These amounts are adjusted on 1January each year on the basis of the change in the consumer price index for the month of December. The reference index is that for December 2017.

The processed claims to be taken into consideration are those that the Consumer Mediation Service has closed with an amicable solution or with a recommendation in the course of a calendar year.

No. Submitting a case to the Consumer Mediation Service is free of charge. That said, only consumers can submit a case.

No. From the date of receipt of the complete request, the limitation periods under ordinary law are suspended. The suspension runs from the day on which the Consumer Mediation Service notifies both parties:

• That the request for mediation is refused
• Or the outcome of the mediation.

No. As soon as the company is informed that the CMS has received the complete request, it must suspend all recovery proceedings until the day it is informed either that the case has been rejected by the Consumer Mediation Service or of the outcome of the mediation.

Thereafter, the company can simply restart the collection procedure.

For information on your rights and obligations as a consumer or business please visit the ConsumerConnect and  ECC Belgium websites.

For more information about mediation, whether between consumers or company subsidiaries, you can contact the Federal Mediation Commission directly.

Yes:

• if the dispute concerns a foreign consumer and a company established in Belgium.

No:

• if it concerns a dispute between a Belgian consumer and a company that is not established in Belgium;
• if it concerns a dispute between a consumer and a business that is active in Belgium, but does not have its registered office there.

Where the CMS does not have jurisdiction, certain cases are referred to the European Consumer Centre (ECC). The case must involve a company with a registered office outside Belgium, but established in one of the countries of the European Union + Norway + Iceland.

Cases against companies established outside the European Economic Area (EEA) cannot be processed or transferred to the ECC.

No, there is no recourse against the Consumer Mediation Service procedure. Nor against the outcome of the procedure.

The parties are always free to go to court.

For questions about our privacy policy and the processing of your data please refer to our privacy policy statement.