Referral of a case to the Commission

A person to whom a request of communication has been refused by one of the entities covered by the law has the right to appeal and submit the case by writing to the CAD within one month after the reception of the refusal.

The referral to the CAD is optional and is not a necessary step before the introduction of a case in front of the Administrative Courts.

The CAD has to issue its opinion within 2 months after having been referred to.

If the CAD is of the opinion that the requested document is transmissible according to the law, and if the entity decides to follow this opinion, the entity has to transmit the document within a period of one month after reception of the opinion.

If the CAD is of the opinion that the requested document is not transmissible, the entity to which the request was addressed has to confirm its negative decision within a period of one month after reception of the opinion.

A case has to be referred to the CAD in writing.

This can be done through Myguichet.lu (Citizenship - Access to information – Referral of the CAD) or by sending a letter to the Commission. (Contact)