Complaints and appeals
Whatever the situation, the CNS makes every effort to provide the best service within the shortest deadline. Within its various departments, the agents endeavour to process requests and answer users' questions.
However, if during a procedure with the CNS it is felt that the appropriate treatment has not been received, various means are available to make a claim or lodge an objection.
In a nutshell
If, during a procedure with the CNS, it is felt that you have not received appropriate treatment, it is possible to make a complaint by one of the means proposed below, in the corresponding section.
If a request or procedure results in a decision considered to be unjustified, it is possible to contest it by means of a written objection or an appeal, according to the procedures detailed in the section ‘Contesting a decision’.
Everything you need to know
The various services and benefits offered by the CNS can be used to provide information or make decisions concerning the insured.
By clicking on the corresponding tab below, you can find out how to make a complaint to the CNS and how to challenge various decisions.
- Making a complaint to the CNS
- Appealing a decision
- Complaint
Complaints: the CNS is listening!
A complaint about the quality of the welcome at the reception desk or on the telephone, about the deadlines for a response on the telephone or by e-mail, or about a problem with the management of a file?
It is possible to address the complaint by:
- e-mail
- letter
- telephone, having the 13-digit national identification number to hand
- Direct presentation of the insured person at the agency with an appointment
The agent will do everything possible to find a satisfactory solution.
- Contesting a simple decision
- Contesting a presidential decision
- Contesting a decision of the Council of administration
- Contesting a judgement of the Arbitration Tribunal
- Cassation
Reception of a simple decision and Request for a presidential decision
A simple decision has been received from the National Health Fund (CNS) and if this is not considered satisfactory, it is possible to request a presidential decision.
In this case, the CNS will send a written decision by post, signed by the President or his delegate, accompanied by an information notice on the means of appeal.
Reception of a presidential decision and request for a decision from the Council of administration
A presidential decision has been received from the National Health Fund (CNS) and if it is not considered satisfactory, it is possible to contest it by requesting a decision from the CNS Council of administration.
What is the deadline?
The written objection must be sent by registered letter with acknowledgement of receipt to the Council of administration of the CNS, within a specific deadline from the notification of the decision. This deadline depends on the country of residence:
- Luxembourg: 40 calendar days
- in a territory, located in Europe, of a member country of the European Union or the European Free Trade Association, in Andorra, Gibraltar, Vatican City, the Åland Islands, the Channel Islands, the Faroe Islands or the Isle of Man: 55 calendar days
- in another European country, excluding Turkey and Russia: 65 calendar days
- in another country or territory of the world: 75 calendar days
A written objection does not have to be submitted in any particular form. It can be written on plain paper. It is not necessary to involve a lawyer.
Reception of a decision of the Council of administration and Request for judgement of the Social Security Arbitration Tribunal
A decision of the Council of administration of the National Health Fund (CNS) has been received and if it is not considered satisfactory, it is possible to challenge it by lodging an appeal with the Social Security Arbitration Tribunal (Conseil arbitral de la sécurité sociale-CASS). The CASS is a court of first instance before which any decision taken by the Council of administration can be contested.
What is the deadline?
The appeal must be lodged within a specific deadline following notification of the decision of the Council of administration. This deadline depends on the country of residence:
- Luxembourg: 40 calendar days
- in a territory, located in Europe, of a member country of the European Union or the European Free Trade Association, in Andorra, Gibraltar, Vatican City, the Åland Islands, the Channel Islands, the Faroe Islands or the Isle of Man: 55 calendar days
- in another European country, excluding Turkey and Russia: 65 calendar days
- in another country or territory of the world: 75 calendar days
What form does it take?
The procedure is free of charge and does not require the intervention of a lawyer.
The application must be submitted in the form of a simple request, on plain paper, in as many copies as there are parties involved.
It is possible to defend oneself or to be represented by a professional organisation, trade union or lawyer.
The application and the documents produced must be signed:
- by the interested party;
- by the legal representative;
- or by the authorised representative, who may be the representative of the professional organisation or trade union.
The application must state:
- the subject of the request;
- the full name of the interested party;
- identity numbers;
- profession;
- place of residence;
- capacity in which one is acting;
- a summary statement of the arguments on which the request is based.
If the representative is not a lawyer, he or she must present a special power of attorney, at the latest during the oral debate, and before it begins.
Is it possible to challenge a CASS judgement?
The CASS rules in the first and last instance up to a value of 1,250 euros. In other words, if the dispute does not exceed this value, the CASS judgement is final and it is not possible to appeal.
Final judgements handed down by the Social Security Arbitration Tribunal (CASS) may be appealed before the Court of Cassation. This requires the intervention of a barrister.
More details under ‘Cassation’.
Beyond this amount, the dispute may be subject to an appeal procedure with the High Council of Social Security (Conseil supérieur de la sécurité sociale-CCSS).
Reception of a judgement of the Social Security Arbitration Tribunal and Request for a judgement of the High Council of Social Security
A judgement has been received from the Social Security Arbitration Tribunal (CASS) and if it is not considered satisfactory:
- If the value of the dispute does not exceed 1,250 euros, it is no longer possible to appeal. The CASS decision is final.
- If the value of the dispute exceeds 1,250 euros, an appeal may be lodged.
It is possible to challenge the judgement of the Social Security Arbitration Tribunal (CASS) by lodging an appeal with the High Council of Social Security (CSSS). The CSSS is a second instance court before which judgements made by the CASS, for disputes with a value greater than 1,250 euros, can be contested.
What is the deadline?
The appeal must be lodged in the form of a request within a specified period of time from the notification of the CASS judgement. This deadline depends on the country of residence:
- Luxembourg: 40 calendar days
- in a territory, located in Europe, of a member country of the European Union or the European Free Trade Association, in Andorra, Gibraltar, Vatican City, the Åland Islands, the Channel Islands, the Faroe Islands or the Isle of Man: 55 calendar days
- in another European country, not including Turkey and Russia: 65 calendar days
- in another country or territory of the world: 75 calendar days
What form does it take?
The procedure is free of charge and does not require the intervention of a lawyer.
The application must be submitted in the form of a simple request, on plain paper, in as many copies as there are parties involved.
It is possible to defend oneself or to be represented by a professional organisation, trade union or lawyer.
The application and the documents produced must be signed:
- by the interested party;
- by the legal representative;
- or by the authorised representative, who may be the representative of the professional organisation or trade union.
The application must state:
- the subject of the request;
- the full name of the interested party;
- identity numbers;
- occupation;
- place of residence;
- capacity in which the person is acting;
- a summary of the arguments on which the request is based.
If the representative is not a lawyer, they must present a special power of attorney, at the latest during the oral debate, and before it begins.
Is it possible to challenge a judgement of the CSSS?
Final judgements handed down by the Social Security Arbitration Tribunal (CASS) and the High Council of Social Security (CSSS) may be appealed before the Court of Cassation. This requires the intervention of a barrister.
More details under Cassation.
What is an appeal in cassation and how do I lodge it?
An appeal in cassation is a means of appealing against a decision made in the last resort, in other words when the decision can no longer be appealed.
An appeal in cassation can be lodged against:
- final decisions made by the Social Security Arbitration Tribunal (CASS);
- rulings of the High Council of Social Security (CSSS).
Please note that an appeal is only admissible for:
- a contravention of the law, or;
- a violation of the essential or prescribed formalities under penalty of nullity.
Representation by a lawyer is necessary.
Other support organisations
If necessary, it is possible to turn to other organisations that are not part of the judicial system. For example:
- The Ombudsman has a mandate to seek an amicable solution in the event of a dispute with a public institution or administration.
- The Patientevertriedung ASBL provides information on rights and duties. In the event of a specific problem, it is possible to ask the Patientevertriedung for advice.
- The mission of the Collège médicale is to ensure that the ethical rules of the medical professions are respected.
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