European small claims procedure

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The European Small Claims Procedure (ESCP) is a small claims procedure which took effect on 1 January 2009 across the European Union (except Denmark) for dealing with cross-border claims under the Brussels regime up to a value of 2,000 Euro (increasing to 5,000 Euro with effect from 14 July 2017).[1]

Small claims procedures provide a middle ground between formal litigation and ADR, where disputes involving small value claims can be resolved in courts faster, cheaply, and less formally. The main limitation of small claims procedures is that they are restricted to particular jurisdictions. To overcome this limitation the European Commission produced a regulation for a European Small Claims Procedure (ESCP).[2] Implementation of the ESCP is expected in all EC Member States by January 2009. The ESCP is predominantly a written procedure that deals with claims under €2,000 arising in cross-border disputes. Its main advantage is that it provides for the enforcement of decisions in any of the member states without the present need to go through the formal mutual recognition of judgements (exequatur).[3]

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References[edit]

  1. ^ Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24 December 2015, p. 1–13)
  2. ^ Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31 July 2007, p. 1–22)
  3. ^ P. Cortés "Does the Proposed European Procedure Enhance the Resolution of Small Claims?" (2008)27(1) Civil Justice Quarterly 94–95.