Memo 3 – The European Small Claims

The Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure applies in cross-border litigation to civil and commercial matters where the claim does not exceed 2000 euros. This procedure intends to improve access to justice by simplifying cross-border small claims litigation and reducing costs.

All procedural issues not specifically dealt with in the Regulation shall be governed by national law. This documentation intends to make an inventory of national procedural rules applicable to get a better understanding of how this procedure is implemented before the national courts of the different Member States

The European small claims procedure applies in cross-border litigation to civil and commercial matters where the claim does not exceed 2000 euros.

Available since 2009 in all EU Member States, except Denmark, as an alternative to national procedures, this procedure intends to improve access to justice by simplifying cross-border small claims litigation in civil and commercial matters and reducing costs. "Small claims" are cases concerning sums under EUR 2 000, excluding interest, expenses and disbursements (at the time when the claim form is received by the competent court).

Judgments delivered under this procedure are recognised and enforceable in the other Member States without the need for a declaration of enforceability. The procedure is optional, offered as an alternative to the possibilities existing under the national laws of the Member States. It will be applicable from 1 January 2009 in all EU Member States except Denmark.

Standard forms have been drawn up for the Small Claims procedure and are available in all languages.

This content allows to get more details on the European Small Claims procedure as well as information about the implementation of this procedure in the courts of Member States.