European Small Claims - Rules

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Scope of application

 


Scope of application -  Civil and commercial matters

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Civil and commercial matters:
The ESCP applies to civil and commercial matters. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (“acta jure imperii”). The substantive scope is largely derived from Article 1 of the Brussels I Regulation, and reference can be made to the case law on the interpretation of civil and commercial matters regarding that regulation. The following matters are explicitly excluded in the ESCP :

  1. the status or legal capacity of natural persons;
  2. rights in property arising out of a matrimonial relationship, maintenance obligations, wills and succession;
  3. bankruptcy;
  4. social security;
  5. arbitration;
  6. employment law;
  7. tenancies of immovable property, with the exception of actions on monetary claims;
  8. violations of privacy and of rights relating to personality, including defamation.