Introduction
Regulation No 861/2007 establishing a European Small Claims Procedure (ESCP) has been established with the aim to enhance cross-border enforcement in the European Union and to increase access to justice. Recovering small claims, particularly in cross-border cases often incurs disproportionate high costs, proceedings take long, litigation is complex and there are substantial differences between national procedures in the Member States. The Treaty basis for this instrument is Article 81(f) TFEU (formerly Article 65(c) EC Treaty), regarding measures eliminating obstacles to the good functioning of civil proceedings. The Regulation has been applicable since 1 January 2009 in all EU Member States, except Denmark.
