Appeal procedure

The following information is provided for information purposes only and does not bind the Ministry of Research and Higher Education as to its accuracy.

Appeals may be lodged against any act of the Ministry of Research and Higher Education that constitutes a decision that may adversely affect a citizen.

There are various avenues of appeal for persons affected by a decision of the Ministry of Research and Higher Education.

The informal appeal

A person who disagrees with an administrative decision of the Ministry of Research and Higher Education always has the possibility to appeal to the Ministry of Research and Higher Education before going to the administrative courts, so that the Ministry changes its original position towards the applicant.

An informal appeal should be sent by post or e-mail to the following address: aidefi-recours@mesr.etat.lu

For information

An appeal is a legal remedy lodged with the author of the contested administrative decision. It is not bound by any particular form, except that it must be written in one of the Luxembourgish administrative languages (Luxembourgish, French or German)and does not have to be drafted by a lawyer. Ideally, it should clearly state that it is an appeal and the applicant seeking a modification of the contested decision should submit evidence in support of his or her claims. Any appeal must be filed by the applicant in person; appeals by relatives or other family members of the applicant are in principle not admissible.

There is therefore no time limit for the appeal. However, in order not to lose the possibility of an appeal to the Administrative Court if the appeal is unsuccessful, the appeal should be filed with the Administrative Court before the expiry of the time limit for appeal (three months from the date of service of the decision).

In fact, if an appeal is lodged within this period, it has the particularity that the time limit for lodging an appeal with the Administrative Tribunal is suspended and a new time limit begins with the service of the new decision.

If there is no reply to the informal appeal, the time limit for the contentious appeal is not suspended indefinitely: if more than three months have passed since the filing of the informal appeal without a new decision being issued, the time limit for the contentious appeal begins with the expiry of the third month.

Litigation

The action before the Administrative Court must be brought within three months of the day on which the decision of the Ministry of Research and Higher Education was served on the applicant. This appeal must be filed with the court through a lawyer

Further information can be found at barreau.lu.

The Mediator of the Grand Duchy of Luxembourg (Ombudsman)

  • Any natural or legal person who feels that he or she has been inconvenienced by an administrative decision or procedure or by the conduct of a public official in Luxembourg may complain to the Ombudsman.
  • Before lodging a complaint with the Ombudsman, the complainant must go in person to the service concerned to ask for an explanation or clarification or to challenge the decision.
  • If the complainant's request remains unanswered or the reply he or she receives is unsatisfactory, the complainant may refer the matter to the conciliator.
  • The conciliator will then consider the admissibility and validity of the complaint.
  • If the complaint appears to be inadmissible or unfounded, he shall inform the applicant thereof, stating the reasons for his decision.
  • If, on the other hand, he considers the complaint admissible and well-founded, the mediator shall transmit his recommendations to the authorities concerned with a view to re-examining the disputed decision and reaching an amicable settlement.

Please note: A complaint to the Ombudsman does not interrupt or suspend the time limits for bringing an action before the competent courts.

The ombudsman's service is free of charge.

For more information, visit ombudsman.lu.

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