European Small Claims Procedure

How and when to start a small claims procedure?

If you cannot resolve a dispute with a seller and mediation provided by the European Consumer Centres Network has not yielded the desired result, you should consider small claims, a simplified court procedure that can be used for cross-border disputes with a trader based in another country in the EU.

EU Regulation 861/2007

The Regulation (EC) No 861/2007 established a European small claims procedure for cross-border disputes where the claim does not exceed 5,000 euros. This procedure intends to improve access to justice by simplifying cross-border small claims litigation and reducing costs.

European Small Claims Procedure

    How and when to start a small claims procedure? You can find the answers to your essential questions below.

  • The European Small Claims Procedure provides an accelerated means of litigation that is generally less complicated and costly than regular proceedings. So, it will benefit you if you want a judge to settle your conflict with a trader in a timely and binding manner. Another advantage is that you are not required to be represented by a lawyer or any other legal professional, and the competent court will not request a legal assessment from you.

    Please note: you cannot use the European Small Claims Procedure after a court has ruled on your case under national legal provisions!

    #what-is-a-european-small-claims-procedure

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  • You can use the European Small Claims Procedure to settle cross-border cases concerning civil and commercial matters. However, you should keep in mind only conflicts whose value does not exceed 5,000 euros can be settled using this procedure. The exact value of your claim will be determined upon receipt of the claim form by the competent court. So, your case might not be decided due to potential changes in currency exchange. The value of interests, expenses, and disbursements is not included in the overall value of your claim.

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  • You cannot use the European Small Claims Procedure for revenue, customs, or administrative matters or cases featuring state liability. Furthermore, some matters that could potentially be referred to as civil or commercial are explicitly exempted from the procedure — e.g. bankruptcy or proceedings relating to the winding-up of insolvent companies.

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  • You are dealing with a cross-border case if the seller and/or you are domiciled or habitually resident in a member state other than the member state where the competent court is located. The competent court will determine your domicile or habitual residence in accordance with its national provisions. Please note that the European Small Claims Procedure cannot be used in Denmark!

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  • You need to fill out standard claim Form A — which is available in all official languages of the European Union except Irish — and send it directly to the competent court. If there is evidence supporting your claim, or you are in possession of any supporting documents, you should lodge such materials with the court along with the standard claim form.

    Furthermore, you have to pay court fees. The amount due differs by member state, as each has its own regulations. After the court fees are paid, the competent court will start working on your case. Please be aware that the unsuccessful party will have to bear the costs of the proceedings! If you win the case, you will be reimbursed for the court fees you paid as long as the seller is solvent.

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  • Please be aware that you have to submit all documents in (one of) the language(s) of the competent court. You can submit supporting documents in their original language as long as you add a (short) description in the language of the competent court. Be aware that the court may require a full translation of the supporting documents.

    #escp-language-requirements

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  • Generally, it is a written procedure.

    The court will inform the defendant about your claim within a period of 14 days. The defendant has 30 days to respond to the claim. If they do so, the court will forward their response and supporting documents to you within 14 days of receipt. If said response points out that the defendant raises a counterclaim against you, you may respond to it within 30 days upon receipt. If the defendant does not lodge a counterclaim, the court should rule within 30 days of receiving the defendant’s response. If the case is not yet ready to be decided, the court may also demand further details, take evidence, or schedule an oral hearing.

    Please note: unless otherwise regulated in Regulation (EC) No 861/2007, the procedural law of the member state where the procedure is held will apply!

    #escp-procedure-details

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  • All member states (except Denmark) recognise a judgement given under the European Small Claims Procedure and will therefore enable you to enforce it. A judgement is enforceable even if the member state’s national law provides an appeal. If you need to have the judgement enforced in another member state, its national legal provisions will apply to the enforcement procedure.

    If a court in another EU country is tasked with the enforcement of the judgement, it cannot refuse to do so based on the judgement’s substance. But it may only double-check if there are any formal hindrances to enforcing it — e.g. the existence of a previous dissenting judgement involving the same cause and the same parties. The party against whom enforcement is sought can however request the court in his own member state to limit enforcement if the judgement can still be challenged/appealed.

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Where can I get assistance and advice?

The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to buying goods or services in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.

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