General Terms and Conditions for the Default Supply of electricity in Ville d’Ettelbruck and Ville de Diekirch grid

Version : NORD_FD_Nordenergie-CG_20210924

1       DEFINITIONS

1.1    Customer:

A natural or legal person purchasing electricity for own consumption.

1.2    Residential Customer:

A Customer purchasing electricity for his/her own domestic consumption, excluding commercial or business activities. Residential Customers exclusively receive an Integrated Supply.

1.3    Business Customer:

A Customer purchasing electricity for its own consumption as part of its commercial or business activities.

1.4    Metering:

All the technical equipment and instruments used by the Grid Operator to record consumption data at the Customer’s POD, including the entire metering process itself. Where appropriate the term “Metering” may be replaced by the term “Meter”.

1.5    Default Supplier:

An individual or legal entity carrying out the supply, in this case Nordenergie S.A.

1.6    Supply:

The sale of electricity to the Customer.

1.7    Integrated Supply:

A supply package which, in addition to the actual supply, also contains the services required to take electricity to the Customer’s Point of Delivery. The cost of distribution of electricity by the Grid Operator concerned is determined by the Grid Operator’s regulated prices. In the case of Integrated Supply, this cost is billed by the default Supplier along with the cost of the supply itself.

1.8    Default Supply:

Supply as defined by Article 4 of the amended Act of 1st August 2007 on the organisation of the electricity market.

1.9    Grid Operator:

An individual or legal entity responsible for operation, maintenance and, if necessary, development of the distribution/transportation grid in a certain area and, where applicable, for its interconnections with other grid, and for guaranteeing the long-term capacity of the grid in order to meet reasonable demand for distribution/transportation of electricity, in this case City of Diekirch and City of Ettelbruck. The Grid Operator is responsible for connections and for providing Customers with access to its grid, and for taking energy to the Points of Delivery on its grid.

1.10   Index:

Metering values recorded on the date meters are read.

1.11   Party (parties):

The Customer and the Default Supplier are referred to hereinafter individually as “the Party” and together as “the Parties”.

1.12   Point of Delivery (POD) or Consumption Location:

The Point of Delivery as defined by the amended Act of 1st August 2007 on the organisation of the electricity market.

1.13   Personal data:

Denotes the Customer’s personal data processed by the Data Controller within the scope of the Contract.

1.14   Data Controller:

Denotes the Supplier who determines the purposes and means of processing Personal Data.

1.15   GDPR:

Denotes the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. The terms “Consent”, “DPO”, “Personal Data”, “Processing” and “Data Controller” used in this Contract have the same definitions as those specified by the GDPR.

1.16   Processing:

Denotes any operation or set of operations on personal data or sets of personal data, whether or not by automated processes, such as collection, recording, organisation, structuring, retention, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, alignment or interconnection, restriction, erasure or destruction.

2       PURPOSE

The amended Act of 1st August 2007 on the organisation of the electricity market specifies that any Customer who does not yet have a supplier allocated under an electricity supply contract shall be supplied by a default supplier.

The Default Supplier shall perform the Default Supply on the terms and conditions set out in these General Terms and Conditions.

Contractual relations concerning grid connection, utilisation of the grid connection and utilisation of the grid must be drawn up between the Customer and the Grid Operator. The time frame within which the Grid Operator must address requests for initial connection is regulated by Article 2 (3) of the amended Act of 1st August 2007 on the organisation of the electricity market.

Default supply is a service governed by the aforementioned Act and the regulations of the Institut Luxembourgeois de Régulation, which allows customers who have not yet taken out a supply contract to be supplied with electricity for a maximum period laid down by Article 4.2. Before this period elapses, Customers must take out an electricity supply contract with an electricity supplier. To this end they may freely choose their supplier and tariff from among all suppliers and tariffs available on the market. Thus, for the limited duration of the Default Supply, the Customer is invited to find out about the existing suppliers and the proposed tariffs, in particular by using the Calculix price comparator made available by the Institut Luxembourgeois de Régulation at www.calculix.lu. As soon as the Customer has made a choice of supplier and entered into a supply contract with it, the latter will inform the Grid Operator which must, within a period of no longer than three weeks, make arrangements to change the supplier, which will automatically terminate the Default Supply.

3       TARIFFS

In accordance with Article 4 of the amended Act of 1st August 2007 on the organisation of the electricity market, the tariffs for the Default Supply are subject to the acceptance procedure provided for in Article 57 of the same act.

The applicable prices for the Default Supply of electricity may be consulted on the enovos.eu website.

They may also be requested

  • from the Serviceline on (+352) 2737-8622;
  • or, in the case of tariffs for Business Customers, from Serviceline Pro on (+352) 2737-8621.

If the Customer makes inaccurate statements concerning elements determining the price, the Default Supplier is entitled to bill the energy consumed at the exact price.

The tariffs applicable to Integrated Supply package include the regulated prices for utilisation of the grid.

The tariffs specified in this article do not include electricity tax and contribution to the compensation mechanism in accordance with current legislation, plus value-added tax on the whole amount and any taxes and charges in force on the day the bill is drawn up.

4       MAXIMUM DURATION OF THE DEFAULT SUPPLY AND END OF THE DEFAULT SUPPLY

4.1    Start of the Default Supply

The Default Supply starts from the point in time when the Grid Operator has assigned the POD in question to the Default Supply.

4.2    Maximum duration of the Default Supply

For Customers connected to the low voltage grid, the period for choosing a new supplier is six (6) months from the day of the beginning of Default Supply according to clause 4.1.

For Customers connected to a voltage other than low voltage, the period for choosing a new supplier is two (2) months from the day of the beginning of Default Supply according to clause 4.1.

4.3    End of the Default Supply

Once the maximum duration of the Default Supply stipulated in Article 4.2 above has elapsed, the Default Supply ceases automatically. The termination of the supply only becomes effective on notification of the reading of the end-of-consumption index to the Default Supplier by the Grid Operator.

Until the end-of-consumption Index has been read, the Customer remains liable for any consumption at the POD up to the date of such reading, and for payment of fixed costs.

If Metering is read remotely or in the case of a Customer billed on the basis of the load curve, termination of the supply does not become effective until the Metering data is read by the Grid Operator, and the Customer remains liable for the consumption up to the day of such reading.

The changeover will be communicated to the Default Supplier by the Grid Operator within the time limit set by the practical and procedural terms and conditions relating to the electronic and automated exchange of data and messages between market players set by the regulations of the Institut Luxembourgeois de Régulation; the date of the changeover of the Index cannot be later than the end of the maximum duration of the Default Supply set by Article 4.2.

If the Customer has chosen a new supplier within the time frame set under Article 4.2, the Customer will be supplied by this new supplier from the date the Grid Operator has been able to carry out the change of supplier, in due consideration of all the technical and administrative requirements in connection with the change. In this case, the Default Supply ends from the time the Customer is supplied by the Customer’s new supplier.

If, on the effective end of the Default Supplier, the Customer is not supplied by a new supplier chosen by him, the Customer will be disconnected .

Supply may also be terminated immediately in the following cases:

  • Without prejudice to Article 10, following serious breaches of one or more of the stipulations of these General Terms and Conditions persisting after notice has been sent and not complied with after eight business days;
  • Following unlawful interference with a measurement unit or units, or in the event of illegal or fraudulent abstraction of electricity;
  • When the Customer is subject to one of the procedures described in Book III of the Luxembourg Commercial Code in connection with bankruptcies, criminal bankruptcies and suspensions of payments and in the event of a controlled management procedure under the Order of the Grand-Duchy of Luxembourg of 24 May 1935 on the controlled management system, or similar procedures in a State other than the Grand-Duchy of Luxembourg.
  • Whenever the Grid Operator cannot carry out the Metering procedure as described in Article 5 below;
  • When the Default Supplier cannot perform the Default Supply following an absence of contractual relations (connection contract or grid utilisation contract) between the Grid Operator and the owner of the connection or the Customer, or when the Point of Delivery is not connected to a distribution grid.
  • When the supply of electricity has been interrupted by the Grid Operator for a legitimate reason;
  • When the guarantee documents required by virtue of Article 12 below are refused, expired, incorrect or false.

5       METERING OF ENERGY AND POWER

  • The price to be paid for the metering operations required for carrying out this Default Supply will be billed, in the case of an Integrated Supply package, to the Customer at the same time and using the same procedures as billing in connection with the Default Supply.
  • The Default Supplier is not responsible for Metering.
  • Concerning practical procedures in connection with Metering, such as transmission of data, fees for rental of meters and for transmission of data, the Client must consult the Grid Operator’s current conditions for use of the grid.
  • The Default Supplier is entitled to draw up bills using estimates of consumption if it does not obtain the data required to draw up the consumption bill or if, for any reason, plausible metering data cannot be obtained. In order to determine the quantity of energy to be billed, the Default Supplier is entitled to refer to consumption over the period preceding the period to be billed or, in the case of new Customers, to consumption levels for the same type of customer.
  • In all cases, the Default Supplier reserves the right to have readings checked.
  • The Customer and the Default Supplier may have a set of monitoring meters installed at their own expense. These meters will not be used for billing purposes.
  • If Metering readings are not challenged, they will be taken as valid. Each of the Parties is entitled at any time to ask the Grid Operator to check the Metering in the conditions laid down by the Grid Operator.
  • In the event of a challenge, consumptions and power levels may only be checked from the last exact reading.

6       DATA PROCESSING

  • The Default Supplier recognises and undertakes to comply with the laws and regulations governing the protection of personal data, in particular with the GDPR and any other national laws or regulations governing the processing of personal data. The information relating to the processing of the Customer’s personal data and the provisions relating to the Customer’s consent are specified in this Contract. The Personal Data concerned is the Customer’s name, address and supply point. It has been transmitted by the Grid Operator for the purpose of the Default Supply.
  • The Customer may contact the Data Protection Officer (DPO) appointed by the Data Controller using the following contact details: Nordenergie S.A., for the attention of the Data Protection Officer PO Box 22, L-2010 Luxembourg – Phone: (+352) 2762328-0 – Email: dpo@nordenergie.lu
  • Purpose of the Processing of Personal Data, Personal Data is subject to Processing for energy supply (electricity, gas), supplies of goods/services related to the supply of energy. Personal Data is subject to Processing on the basis of the performance of the Contract and is necessary to enable the Data Controller to fulfil its legal and contractual obligations. Providing Personal Data is a contractual requirement necessary to enter into the Contract and for the performance of the Contract. The Default Supplier may use the Customer’s Personal Data for commercial canvassing purposes in order to inform the Customer about its commercial electricity supply offers supplied by itself provided that the Customer has not objected to this. It may not, in its capacity as an electricity supplier, conduct any commercial canvassing operation with the Customer within 15 days of the start of the Default Supply in accordance with Article 3 of Regulation ILR/E17/9 of 8 March 2017 relating to the information to be transmitted by the Default Supplier to the end customer. The Customer may, at any time and free of charge, without having to give reasons for requesting, object to the use by the Default Supplier of the Personal Data for commercial canvassing purposes. If the Customer exercises his right to object, the Default Supplier shall take the necessary actions to ensure that he is no longer the recipient of the canvassing operations.
  • Recipient: The recipient of the Personal Data is the Data Controller. As part of the performance of the Contract, the Data Controller will share Personal Data with its technical partners such as the Grid Operator and any other subcontractors and/or authorities in particular with the Institut Luxembourgeois de Régulation (the authority in charge of regulating the energy markets), when necessary.
  • Under the GDPR, the Customer’s consent is required to send him/her newsletters, information, updates, news on new features, special and/or promotional offers as well as invitations to lectures, round tables and/or other events (defined as “Ancillary Products or Services”) in relation to the products and services offered by the Supplier. The Customer may give his/her consent by checking the boxes corresponding to his/her preferences by going to the website data.enovos.lu or enovos.lu. The Customer has the right to withdraw his/her consent at any time to the processing of Personal Data for Ancillary Products or Services or to change his/her preferences by going to the website data.enovos.lu or enovos.lu. Such withdrawal shall not affect the lawfulness of the processing operation carried out on the basis of consent prior to the withdrawal or on the basis of the performance of the Contract. Such a withdrawal could affect the ability of the Data Controller to offer functionalities and opportunities adapted to the Customer’s needs. Without the Customer’s consent, the Data Controller will not be able to provide the Ancillary Products or Services or to keep the Personal Data beyond the term mentioned in the Contract. For Ancillary Products and Services, the Data Controller will share Personal Data with its subcontractors and partners in connection with the goods and services offered by the Data Controller when necessary.
  • For more information on the processing of your personal data, our privacy policy is available on the website enovos.lu and an information notice is available on gdpr.enovos.lu
  • Customer’s rights: The Customer has the right to request access and rectification or erasure of the Personal Data or restriction of processing. The Customer also has the right to object to the Processing as well as the right to the portability of the Personal Data. These rights may only be exercised within the limits of any contractual or legal obligation. The Customer also has the right to lodge a complaint with the Luxembourg supervisory authority, the National Commission for Data Protection (https://cnpd.public.lu/fr.html).
  • Retention period for Personal Data: The Data Controller will retain the Personal Data relating to the performance of the Contract and the Personal Data relating to the Ancillary Products or Services for a period of 10 years from the end of the business relationship.
  • The Data Controller may not transfer Personal Data outside the European Union or to an international organisation without putting in place appropriate or adequate safeguards within the meaning of the GDPR.

7       BILLING OF ELECTRICITY AND ANCILLARY SERVICES

The basis taken into account by the Default Supplier to bill the electricity used by the Customer at the Point of Delivery consists of the data recorded by Metering that is furnished to the Default Supplier by the Grid Operator.

However, if the Meter cannot be read, or the Index appears to be inconsistent with usual levels of consumption, the Default Supplier is entitled to estimate levels of consumption using the procedures given in Article 5.4.

In the case of incomplete months of supply, at the beginning or end of the Default Supply during the month, the amount to be billed in relation to monthly rates is determined on a daily basis.

The Default Supplier reserves the right to bill the ancillary services requested by the Customer, including confirmations of its balance or copies of bills, on the basis of the rates indicated to it following the request.

7.1    Customers billed on the basis of instalment payments and a final statement at the end of Default Supply

Depending on billing frequency, The Customer receives, two-monthly instalment bills or monthly instalment bills, followed by a final statement. Billing frequency is determined by the Default Supplier depending on the availability of Metering data and the amounts to be billed.

The amount of the instalments is set on the basis of an estimate of the annual consumption by the same type of customer. The Default Supplier reserves the right at any time to adjust the amount of instalments in accordance with changes to the Customer’s consumption or tariffs for supply of electricity or tariffs regulated by the Grid Operator.

The final statement corresponds to the difference between the Customer’s consumption during a specific period arising from Metering or from the estimate carried out in accordance with Article 7(2), and the instalments already billed for this period. The final statement is established by applying the current tariffs to the consumption distributed in a linear fashion over the full period.

7.2    Customers billed on a monthly basis

Bills are drawn up during the first few days of the month following the month of supply and cover the measured or estimated consumption during the month of supply, and, if applicable, a statement is established.

7.3    Payment of bills

7.3.1  Residential Customers

All bills are payable, with no deductions or set-off, on the payment date stipulated on the bill.

In the event that a bill has not been paid by the payment date, Article 9.1 on suspension of supply is applicable.

In the event of delayed payment of bills by their due date, the amounts due are automatically increased by the interest laid down by Article 12 of the Act of 18 April 2004 on payment deadlines and interest for late payment. The bills contain a statement that the Default Supplier intends to take advantage of application of this Act.

Any costs, including the costs of reminders, arising from non-payment of bills or irregularities in the payment of bills, will be billed for a minimum fixed amount of 11.50 euros, or at the actual costs if they exceed this minimum amount.

7.3.2  Business Customers

All bills are payable, with no deductions or set-off, on the payment date stipulated on the bill.

In the event a bill has not been paid by the payment date and without prejudice to Article 4.3, Article 9.2 on suspension of supply is applicable.

In the event of delayed payment of bills payable, without prejudice to other rights reserved by the Default Supplier, the amounts due will be automatically increased by interest for late payment under Article 3 of the Act of 18 April 2004 on payment deadlines and interest for late payment, with no need for any official notification.

Any costs, including the costs of reminders, arising from non-payment of bills or irregularities in the payment of bills, will be billed for a minimum fixed amount of 11.50 euros, or at the actual costs if they exceed this minimum amount.

7.3.3  Methods of payment

The Customer may use the following methods of payment: cash payments, bank transfers, remittances, bank cards acceptable to the Default Supplier, and direct debits.

7.4    Challenges to bills

Any challenges to bills must be made in writing before their due date, otherwise they will be considered to have been accepted.

After the due date, only possible errors due to Metering reports or to the constant factors used as a basis for billing, or obvious clerical errors (calculation errors, reading errors, errors in the transcription of figures, meter confusion, cabling errors etc.) will be considered.

Except in the case of an obvious error, challenge of a bill by the Customer does not diminish in any way its obligation to meet payment deadlines.

In the event of an error established by the Default Supplier in billing an excessive amount, the Supplier undertakes to correct the bill and issue a refund to the Customer as soon as possible.

8       LIABILITY

The Default Supplier cannot be held liable for any carelessness or negligence by the Grid Operator in terms of operation, maintenance or development of its grid.

Consequently the Default Supplier may not be held liable by the Customer for damage arising from an interruption or limitation of the Default Supply, particularly in the event of modification, enlargement, cleaning, repair or inspection work on the installations of the Grid Operator and/or of the Customer, nor for damage arising as the result of irregular supply, such as in particular voltage or frequency deviations.

The Default Supplier is not bound by any obligation towards the Customer regarding the characteristics of the electricity and the technical conditions of its supply, these being specified by the Grid Operator, and therefore its responsibility. These aspects must therefore be settled between the Customer, as the user of the grid, and the Grid Operator.

In all cases in which the Default Supplier may be held liable, its liability is limited to material, actual and certain damage sustained by the Customer, directly related to their cause. The Default Supplier may not under any circumstances be held liable for any indirect damage sustained by the Customer, including but not limited to loss of production, loss of profits and/or any other losses of revenue. The amount of any compensation claim may not in any case exceed the equivalent of €300 per claim and two claims per year.

The Default Supplier may not be held liable in the event of an instance of force majeure or events beyond its control.

The following events are considered in particular instances of force majeure: mobilisation, lockouts, order by public authorities, state of war, civil unrest, strikes, sabotage, attacks, all disruptions, for any reason, occurring at the distribution and transport facilities of the Grid Operator or of a third party, damage caused by accidental or uncontrollable events such as natural disasters, atmospheric phenomena that are uncontrollable in view of their causes and extent (frost, sticky snow, storms, hail etc.) and any other events beyond the control of the Default Supplier.

9     SUSPENSION OF SUPPLY

9.1   Suspension of the Supply of Residential Customers/Disconnection

In the event of non-payment within fifteen days of the payment date of a bill, a reminder will be sent to the Customer.

In the event of non-payment within fifteen days of the date of dispatch of the aforementioned reminder, the Default Supplier will notify the defaulting Customer by registered letter of its intention to disconnect his/her system within thirty days.

Without prejudice to Article 2 (8) d) of the amended Act of 1st August 2007 on the organisation of the electricity market, the defaulting Customer’s system will be disconnected after this period has elapsed.

The costs of disconnection and reconnection will be charged to the defaulting Customer.

The Default Supply will only be restored after payment of the debt in full and of all the costs arising from disconnection and reconnection.

When evidence of payment is received before 3pm (15:00), the reconnection request will be sent by the Default Supplier to the Grid Operator on the same day as evidence of payment has been received. The Grid Operator will reconnect the Supply within a period of 3 working days as defined in Article 2 (8) of the amended Act of 1st August 2007 on the organisation of the electricity market.

9.2   Suspension of the supply of Business Customers

If the Customer seriously breaches one of the stipulations of these General Terms and Conditions, the Default Supplier may, by registered letter, give the Customer formal notice to comply. Eight days after this notice and without further notice, the Default Supplier will be entitled to suspend the Supply.

The Default Supplier is also entitled to interrupt the Supply with no need for any legal formalities and no warnings of any sort when the Customer is subject to one of the procedures described in Article 4.3.3 of these General Terms and Conditions.

The costs of disconnection and reconnection will be charged to the Customer.

Acting under this Article, the Default Supplier may not under any circumstances be held liable for any damage whatsoever.

In addition, reconnection will only be carried out after payment of the debt in full and of all the costs arising from disconnection and reconnection.

When evidence of payment is received before 3pm (15:00), the reconnection request will be sent by the Default Supplier to the Grid Operator on the same day as evidence of payment has been received. Reconnection is carried out in accordance with the conditions and deadlines applicable to the Grid Operator.

10     GUARANTEE

During the performance of the Default Supply, the Default Supplier will require from the Customer, as security for the payment of all its commitments, either a bank guarantee for the price of the foreseeable consumption over a maximum period of four months for customers connected to the low-voltage grid, and two months for customers connected to the medium or high-voltage grids or the actual payment of this amount.

Unless the Default Supplier agrees, the guarantee may not be offset by the Customer with the consumptions billed. It will be returned to the Customer at the end of the Default Supply and after accounts have been established and settled.

11     CONFIDENTIALITY CLAUSE

Without prejudice to Article 6 above, each Party undertakes to refrain from disclosing to anyone, directly or indirectly, all or part of information of a commercial, industrial, technical, financial etc. nature that is designated as confidential information by the other Party.

Confidential information may only be disclosed to third parties with the prior consent of the other Party.

This article does not include the following information:

  • information that became public knowledge with no breach of these General Terms and Conditions prior to disclosure of the information by one of the Parties, disclosed with prior written consent by the other Party;
  • information sought through a court or administrative injunction;
  • information already known to the Party receiving the information at the time it is disclosed;
  • information that subsequently becomes known to a Party from a source other than the other Party that has disclosed the information, when this can be proven by the Party that has received the information.

12     SAFEGUARD CLAUSE

If one or more provisions of these General Terms and Conditions are declared illegal or inapplicable, the other provisions will not be affected under any circumstances. The Default Supplier undertakes to replace the illegal or inapplicable clause with a legal and feasible clause.

13     SETTLEMENT OF LEGAL DISPUTES WITH RESIDENTIAL CUSTOMERS

Without prejudice to Articles 10.1 and 16 of these General Terms and Conditions, any Customers with disputes with the Default Supplier must notify the latter of their objection as soon as possible, and no later than within fifteen calendar days of their knowledge of the objection. The claim may be brought to the attention of the Default Supplier in writing or in person. The claim is officially registered with the Default Supplier, stating the date of each claim, the name of the claimant or claimants, and a brief description of the dispute.

The Default Supplier has a maximum period of one month to take up a position, possibly suggesting an amicable settlement, or even arbitration, in particular with a single expert on such issues acting as arbitrator, and inform the Customer of its position or its proposal to settle the dispute.

The Default Supplier undertakes not to take legal action for a minimum period of one month from sending its position statement or its proposed settlement or arbitration, in order to enable the Customer to approach the Institut Luxembourgeois de Régulation as mediator in accordance with Article 6 of the amended Act of 1st August 2007 on the organisation of the electricity market.

This internal procedure may not under any circumstances prevent either of the parties from taking legal action or a consumer from referring the matter to the Institut Luxembourgeois de Régulation as mediator in accordance with the procedure laid down by it.

14     GOVERNING LAW – ARBITRATION – JURISDICTION

All disputes concerning the validity, interpretation or execution of these General Terms and Conditions are exclusively subject to Luxembourg Law.

Without prejudice to Article 15 of these General Terms and Conditions, all disputes between the Parties will fall under the exclusive jurisdiction of the courts of the city of Luxembourg-Ville, unless the Parties submit to a ruling by an arbitration committee set up in accordance with the provisions below.

The committee will have three members. Each party will choose one member, and the third member will be chosen by mutual agreement or, failing an agreement, by the President of the Luxembourg district court (“tribunal d’arrondissement”) at the request of the first party to take action.

The arbitrators will rule with no appeals, on a majority of votes. They will take their decisions according to the rule of law.

They will be exempted from all procedural formalities. The costs of arbitration will be paid in advance by the Parties equally. The ruling handed down by the arbitrators will decide definitively on the apportioning of costs between the Parties.

Other aspects of arbitration proceedings will be governed by Articles 1224 et seqq. of Luxembourg’s new Civil Procedure Code.

15     REFERENCE TO GENERAL TERMS AND CONDITIONS

The reference for these general conditions will be as follows: EL_FD_Nordenergie-CG_20210924. They may be modified at any time by the Default Supplier, in particular to take into account any changes in legislative and regulatory matters, it being specified that any modification is subject to the prior acceptance procedure by the Institut Luxembourgeois de Régulation.