The value of the claim cannot exceed EUR 2 000. Judgments are recognised and enforceable in other EU countries without the need for a declaration of enforceability.
When do I have to apply the Regulation ?
First of all, that Regulation is an alternative to the options under EU countries'’ laws.
Therefore, the European Small Claims Procedure is optional.
The European Small Claims Procedure can be applied where at least one of the parties is domiciled or habitually resident in an EU country other than that of the court where the action is brought.
It does not apply to revenue, customs or administrative matters, to the liability of the state for exercising state authority or for example to:
Family law issues
Bankruptcy
Social security Arbitration
Employment law
Violations of privacy and of rights relating to personality.
What do I need to do to start a claim ?
The European Small Claims Procedure shall be a written procedure.
The claimant shall commence the European Small Claims Procedure by filling in a standard claim form, lodging it with the court or tribunal with jurisdiction.
The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.
And what will happen next ?
- 1. A copy of the claim form, and, where applicable, of the supporting documents, shall be served on the defendant, with an answer form: these documents shall be dispatched within 14 days of receiving the properly filled in claim form.
- 2. The defendant shall submit his response within 30 days of service of the claim form and answer form, accompanied, where appropriate, by any relevant supporting documents, and returning it to the court or tribunal.
- 3. Within 14 days of receipt of the response from the defendant, the court or tribunal shall dispatch a copy thereof, together with any relevant supporting documents to the claimant. 4. The claimant shall have 30 days from service to respond to any counterclaim.
- 4. Within 30 days of receipt of the response from the defendant or the claimant, the court or tribunal shall give a judgment, or : demand further details concerning the claim from the parties within a specified period of time, not exceeding 30 days ; summon the parties to an oral hearing to be held within 30 days of the summons
- 5. The court or tribunal shall give the judgment either within 30 days of any oral hearing or after having received all information necessary for giving the judgment.
In which language do I have to start the claim or reply ?
The claim form, the response, any counterclaim, any response to a counterclaim and any description of relevant supporting documents shall be submitted in the language or one of the languages of the court or tribunal.
Can I ask an oral hearing ?
The court or tribunal shall hold an oral hearing if it considers this to be necessary or if a party so requests.
The court or tribunal may refuse such a request if it considers that with regard to the circumstances of the case, an oral hearing is obviously not necessary for the fair conduct of the proceedings.
The reasons for refusal shall be given in writing.
The court or tribunal may hold an oral hearing through video conference or other communication technology if the technical means are available.
Do I need a lawyer ?
No.
Representation by a lawyer or another legal professional shall not be mandatory.
But you’re also free to have one.
And what about the recognition and enforcement in the country of the debtor ?
A judgment given in a Member State in the European Small Claims Procedure shall be recognised and enforced in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.
Any judgment given in the European Small Claims Procedure shall be enforced under the same conditions as a judgment given in the Member State of enforcement.
Nevertheless, enforcement shall, upon application by the person against whom enforcement is sought, be refused by the court or tribunal with jurisdiction in the Member State of enforcement if the judgment given in the European Small Claims Procedure is irreconcilable with an earlier judgment given in any Member State or in a third country.
Nasser Merabet
Attorney
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