European Small Claims - Application

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Getting started

 


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Scope: The ESCP applies in civil and commercial matters, with few exceptions, in cross-border cases up to € 2000. For uncontested claims, the European Order for Payment Procedure might provide an alternative; that procedure does not have a monetary limit. On the E-justice portal a wizard is available to decide which procedure is available.

Jurisdiction: It is important to review which court can be addressed, in accordance with the rules of the Brussels I Regulation. Part 4 of the claim form (Form A) provides guidelines to this end, but is not exhaustive and makes further reference to the relevant section of the European Judicial Atlas. It might be that more than one court has jurisdiction; in this case the claimant can choose. A court will have to accept jurisdiction if the Brussels I Regulation provides a basis for jurisdiction. Per Member State certain rules and requirements may differ, for example the language and ways in which the forms can be submitted, and whether or not appeal is possible (see also Article 25 ESCP).

Forms: The forms are available in different formats on the e-Justice portal. When clicking on the online forms, the relevant information per Member State on where and how to submit the forms becomes available by selecting the relevant Member State.

LINKS

LINKS

LINKS

LINKS

LINKS