| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2013) 794 final (19.11.13) |
| Publication Date | 19/11/2013 |
| Content Type | Policy-making |
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Regulation 861/2007 establishing a European Small Claims Procedure was adopted on 11 July 2007 with the aim to enhance access to justice by simplifying and speeding up cross-border litigation concerning small claims and reducing the costs of such litigation. Furthermore, the Regulation aimed at facilitating enforcement by eliminating the need for intermediate proceedings (exequatur) to enable recognition and enforcement in other Member States than the country where the judgment was given. The Regulation introduced an alternative procedure, in addition to the procedures existing under the laws of the Member States, for cross-border cases concerning claims which do not exceed €2,000. The Regulation is applied in the EU (except in Denmark) as of 1 January 2009. The procedure is in principle a written procedure on the basis of standard forms and is governed by strict deadlines. Representation by a lawyer is not mandatory and the use of electronic means of communication is encouraged. Furthermore, the unsuccessful party only has to bear the costs of the proceedings of the successful party to the extent that they are proportionate to the claim. The procedure is available for use by both consumers and businesses doing cross-border transactions in the EU as a means of improving access to justice and enforcement of their rights. Article 28 of the Regulation requires the Commission to present by 1 January 2014 to the European Parliament, the Council and the European Economic and Social Committee a detailed report on the operation of this Regulation, including in particular the €2,000 threshold. The report should be accompanied, if appropriate, by proposals for amendments. In the context of the European order for payment procedure, a statement of opposition entered by the defendant leads to an automatic continuation of proceedings under ordinary civil procedures. Since the European Small Claims Procedure has been put in place however, this restriction is no longer justified in respect of claims falling within the scope of Regulation 861/2007. Therefore, it should be clarified in Regulation (EC) No 1896/2006 that where a dispute falls within the scope of the European Small Claims Procedure, this procedure should also be available to a party in a European Order for Payment Procedure who has lodged a statement of opposition to a European order for payment. |
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| Source Link | Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:794:FIN |
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| Subject Categories | Business and Industry, Justice and Home Affairs |
| Countries / Regions | Europe |
