Training module on the European small claims procedure
This self-standing training module on the European Small Claims Procedure (‘ESCP’) developed by ERA on behalf of the European Commission is addressed to training institutes, networks of legal practitioners, trainers and end users of European Union member states wishing to organise training sessions on this EU law instrument.
Regulation (EC) No 861/2017 establishing a European Small Claims Procedure is applied in the European Union (except in Denmark) since 1 January 2007. Its objective is to simplify and speed up litigation concerning small claims in cross-border cases, and to reduce costs by offering an optional tool in addition to the existing possibilities under national laws. The procedure is available for cross-border claims not exceeding 2000 Euros, and the judgments given do not require a declaration of enforceability in other Member States.
The European Small Claims Procedure provides for an accessible legal remedy for both individuals and Small and Medium Enterprises doing cross-border transactions. In light of the increasing number of cross-border cases, the obligation of member states’ authorities to provide citizens with assistance in making use of the standard forms and the reported lack of awareness among judges and other legal professionals of the procedure, the provision of training on the Small Claims Regulation becomes particularly relevant.
The training module is structured as a ‘training package’ and includes information on the programme and methodology to be employed and the training material necessary for setting up a workshop on the European Small Claims Procedure. It covers the EU acquis in this area of law and illustrates how this has been applied in the Member States.
Scope of the training module
More concretely, the training material of the training module covers the EU acquis in the following thematic units:- EU legal framework on small claims: scope of Regulation 861/2007, EU legal instruments and procedures with which it interacts and definition of international jurisdiction and applicable law in cross-border small claims
- The European Small Claims Procedure: detailed presentation of the various steps of the procedure introduced by the Regulation
- The ESCP judgment: detailed presentation of the possible follow-up to a ESCP judgment, recognition, enforcement, appeal and review
- Consolidating case study: recapitulation of the procedure with a focus on the application in practice
The varying training methods that can be used in future workshops based on this material are presented in the module, together with recommendations on how and in which part of the training they may be best employed. Face-to-face presentations can be combined with practical exercises requiring the active contribution of participants, IT-supported learning, allowing participants to familiarise themselves with available e-justice tools and interactive sessions promoting the exchange of good practice and experience.
On this webpage, you may find the e-learning course on the European small claims procedure in English, German and French, the Guide to this training module (materials for trainers) in English, French and German, and information on the implemented workshops.
