European Small Claims Procedure

Regulation (EC) 861/2007 establishing a European Small Claims Procedure

amended by Regulation (EU) 2015/2421

Objectives of the Regulation

Facilitating cross border litigation and reducing the costs in disputes on claims of small value by:

• Abolition of exequatur
• Written procedure and use of forms
• Provision of adequate procedural information and assistance
• No mandatory legal representation
• Use of electronic and distance means of communication

With full observance of procedural rights of the parties!

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Scope of aplication

• Civil and commercial matters

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• Cross-border cases

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• Pecuniary claims up to 5000 €

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• Exemptions

Conduct of the procedure (I)

• 1) Finding out the competent court by the claimant (Brussels I Regulation and national law)

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• 2) Filling in and lodging with the court by means determined by the Member State. @!

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• 3) Service upon the defendant. If cross-border – Service Regulation applies. @!

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• 4) Defendant's response (counterclaim) @!

Conduct of the procedure (II)

• 5) Examination of evidence

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• 6) Hearing – use of distance means of communication @!

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• 7) Judgment (appeal if available under national law) and certificate

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• 8) Enforcement of the judgment

Procedural guarantees

• 1) Assistance in filling-in the forms

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• 2) Information of the parties on procedural issues

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• 3) No fictitious service of documents

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• 4) Review of the judgment in exceptional cases

Facilitating tools�Always look at the e-Justice Portal!

• 1) dynamic forms
• 2) dedicated guides
• 3) search for competent courts
• 4) bodies entrusted with provision of information and assistance in filling-in the forms
• 5) all notifications of Member States

Thank you!

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DG JUST Unit A1 Jacek Garstka