Reform of the European Small Claims Procedure [EU Legislation in Progress]

The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2,000. During the first five years of its existence, however, the ESCP has been used only rarely.

In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10,000, expand the definition of a ‘cross-border case’, increase the use of electronic communication, introduce a ceiling on court fees (10% of the claim’s value) and oblige Member States to accept payment of court fees in electronic form.

In April 2015, Parliament’s Legal Affairs Committee adopted its report. It proposes to rename the procedure the ‘European Simplified Procedure’ and raise the ceiling for claims to €5,000 against natural persons, and €10,000 against legal persons. It is against weakening the cross-border requirement, but would allow claims under labour law and privacy law to be included in the regulation. The Committee would also lower the ceiling for court fees from 10% to 5% of the claim’s value.

Written by Rafał Mańko.