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European small claims procedure / Enforcement of EU judgements

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European small claims procedure

 

European small claims procedure applies in cross-border litigation to civil and commercial matters where the claim does not exceed 2000 euros. It will be available from 2009 in all EU Member States except Denmark as an alternative to national procedures.

 

ACT

 

Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure.

 

SUMMARY

 

The European Small Claims Procedure established by this Regulation is intended 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.

 

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l16028_en.htm

 

Enforcement of EU judgements

 

“I wish to have a judgment enforced in another Member State.”

 

In this case, you must apply to the relevant court in the Member State where enforcement is required for a declaration that the foreign judgment is enforceable (exequatur).

 

http://ec.europa.eu/civiljustice/enforce_judgement/enforce_judgement_ec_en.htm

Edited by cerberusalert

Anthrax alert at debt collectors caused by box of doughnuts

 

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Making a cross border claim in the EU.

 

Claims where the defendant is in another EU Member State

 

If your dispute is against a person or business in a different Member State, you will have to find out which Member States courts has the jurisdiction to deal with your case.

 

Jurisdiction in cross border cases is governed by EU Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, otherwise known as the Brussels Regulation.

 

Normally the usual place of residence of the defendant is the country with jurisdiction to process the case. People who normally reside in a particular Member State must, whatever their nationality, be sued in the courts of that Member State. However, there are exceptions to this so some claims can be brought in another Member State other than where the defendant resides. These exceptions mainly occur in matters relating to -

 

• a contractual obligation;

• actions for damages;

• matters relating to maintenance; and

• matters relating to consumer contracts, insurance and too individual contracts of employment.

• Matters relating to patents and trademarks

• Matters relating to ownership or tenancy of immovable property

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex725_e.pdf

 

NOTE: Regulation 44/2001 has now been replaced by Regulation 1215/2012. This Regulation sets out when the courts of an EU state will have the ability to decide on a dispute.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2951 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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