European Small Claims Procedure Report (ECC-Net)

European Consumer Centre Network (ECC-Net): European Small Claims Procedure Report (September 2012)

The European Small Claims Procedure is established by Regulation (EC) No 861/2007 and is intended to improve access to justice by simplifying cross-border small claims litigation in civil and commercial matters and reducing costs. “Small claims” are cases concerning sums not exceeding €2,000, excluding interest, expenses and disbursements (at the time when the claim form is received by the competent court). The procedure is conducted mostly in writing using pre-defined forms. The judgment is made in the country of residence of the consumer, protects the defense rights and becomes directly enforceable in the country of the losing party.

The Italy European Consumer Centre (ECC) together with ECCs in Lithuania, Estonia and Poland, have decided to conduct a joint research project on how the Small Claims procedure worked in practice across the 27 EU Member States. This study involved all the members of the ECC-Network. They checked the level of awareness of national competent courts and the practical implementation of the procedure.

This report offers a comprehensive presentation of the results collected by the ECC-Net.

Table of Contents:

EXECUTIVE SUMMARY

INTRODUCTION

§1 – ECC-Net. A clear mission: to help European Consumers trust in the Single Market

§2 – Main activities and services

§3 – The ECC-Net Joint Project on the implementation of Regulation (EC) No 861/2007

establishing a European Small Claims Procedure

PART 1. The European Small Claims Procedure

§ 1 – A new judicial tool to enforce consumer rights

§ 2 - What the European Small Claims Procedure introduced

§ 3 – How the European Small Claims Procedure works

§ 4 – Role of the courts and provisions relating to languages, hearings and costs

PART 2. The Joint Project on the European Small Claims Procedure : description of

the activities

§ 1 – The main tasks of the ECCs

§ 2 – Cooperation with the European Judicial Network in civil and commercial matters

PART 3. The outcome of the survey

§ 1 – Main problem areas within the European Small Claims Procedure

a) Lack of awareness among the judges and information or assistance for consumers

b) The costs of the procedure

c) Some procedural issues

d) The enforcement of the judgments

e) Lack of statistics

§ 2 – The real experience of consumers

a) Little available information

b) Specific problems experienced by consumers while using the European Small Claims

Procedure

c) About judgment notification

d) Reported issues with the enforcement of the judgment

e) Further procedural issues

CONCLUSIONS

Appendix 1: Questionnaire on the ESCP 2010

ECC-Net contact details

See Report [here]

Agradezco a Aurelio López-Tarruella (Universidad de Alicante) la información.