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Small claims

Overall state of play:

• Commission Proposal: Adopted on 19.11.2013; COM (2013)0794
• Legal act: Adopted; 24.12.2015; Regulation (EU) 2015/2421
• Date of entry into force: 13.01.2016; Date of application: 14.07.2017;

State of play, main conclusions, outlook

The European Small Claims Procedure is a simplified and accelerated civil procedure applicable to cross-border claims of a value of up to EUR 5 000. It is mainly a written procedure, though in some circumstances hearings can be organised. Representation by a lawyer is not required. Judgments are enforceable in all Member States without the need to obtain a declaration of enforceability. These features make the procedure less expensive than ordinary civil proceedings.

The revision extended the scope of the European Small Claims Procedure by increasing from EUR 2.000 to 5.000 the maximum value of claims that can be pursued through the procedure and by extending the definition of a cross-border case. The revision should result in a reduction of litigation costs in cases which before could not be pursued through the European Small Claims Procedure.

Estimated savings and benefits

The initiative could result in a reduction of court proceeding costs by EUR 1 250 per case in cases which would otherwise have to be dealt with under national ordinary civil proceedings.

The initiative provided for further simplifications of the procedure, making it lighter and cheaper for the parties. It enhanced the use of modern communication technologies, in particular for the service of documents and oral hearings, thereby reducing the costs of proceedings by between EUR 300 and EUR 700 per case.

The use of electronic service of documents will shorten court proceedings for at least 9 days.