Proposal for a Regulation of the European Parliament and of the Council establishing a European Small Claims Procedure {SEC(2005) 351} {SEC(2005) 352}
Date: 2005-03-15
Institutions: European Commission
Subjects: civil law, civil proceedings, commercial law, debt, drafting of EU law, judicial cooperation in criminal matters in the EU

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.3.2005 
COM(2005) 87 final 

2005/0020 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European Small Claims Procedure 

(presented by the Commission) 

{SEC(2005) 351} 
{SEC(2005) 352} 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION AND BACKGROUND 

1.1. 

Introduction 

Following  the  1975  Preliminary  programme  for  a  consumer  protection  and  information 
policy1  and  the  1993  Green  Paper  on  Access  of  consumers  to  justice  and  the  settlement  of 
consumer disputes in the single market2, the Commission in 1996 adopted a Communication 
concerning  an  action  plan  on  consumer  access  to  justice  and  the  settlement  of  consumer 
disputes in the internal market3. The action plan focused on the promotion and enhancement 
of  procedures  for  settling  individual  consumer  disputes,  and  made  provision  for  the 
introduction of simplified access to court procedures. With the entry into force of the Treaty 
of  Amsterdam  in  1999,  the  European  Union  has  set  itself  the  objective  of  progressively 
establishing an area of freedom, security and justice, amongst others by adopting measures in 
the field of judicial cooperation in civil matters.  

The  European  Council  in  Tampere  1999  invited  the  Council  to  establish  special  common 
procedural rules for simplified and accelerated litigation on small claims, and to abolish the 
intermediate measures which are still required to enable the recognition and enforcement of a 
decision  or  judgment  in  the  requested  State  for  all  titles  in  respect  of  small  claims  (i.e.  not 
limited to consumer claims). 

The joint programme of the Commission and the Council of measures for implementation of 
the principle of mutual recognition of decisions in civil and commercial matters, adopted by 
the Council on 30 November 20004, called for simplifying and speeding up the settlement of 
small  claims  litigation.  Discussions  on  simplifying  and  speeding  up  the  settlement  of  small 
claims litigation would also facilitate the recognition and enforcement of judgments. 

The need for simplified and accelerated small claims litigation has also been expressed by the 
European Parliament5. 

1.2. 

The  Green  Paper  on  a  European  Order  for  payment  procedure  and  on 
measures to simplify and speed up small claims litigation 

The adoption of this proposal was preceded by a wide-ranging consultation of both Member 
States  and  all  interested  parties  of  civil  society.  The  Green  Paper  on  a  European  order  for 
payment  procedure  and  on  measures  to  simplify  and  speed  up  small  claims  litigation6 
presented  by  the  Commission  on  20  December  2002  gave  an  overview  of  the  currently 
existing Small Claims procedures in the Member States. Based on a comparative study of how 
Member States deal with the relevant procedural issues it formulated a number of questions 
concerning the desirable scope and features of a European instrument. 

The reactions to the Green Paper that were further debated in a public hearing organised by 
the Commission on 12 December 2003 revealed that an instrument to simplify and speed up 

1 
2 
3 
4 
5 
6 

OJ C 92, 25.4.1975, p. 2. 
COM(93) 576. 
COM(96) 13. 
OJ C 12, 15.1.2001, p. 1. 
OJ C 146, 17.5.2001, p. 4. 
COM(2002) 746 final. 

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small  claims  litigation  is  almost  unanimously  considered  a  step  ahead  in  the  creation  of  an 
area of freedom, security and justice. 

In  its  opinion7  of  18  June  2003  on  the  Green  Paper,  the  European  Economic  and  Social 
Committee welcomed the Commission’s initiative to launch a consultation on this issue and 
the Commission’s effort to accelerate civil proceedings and to make them cheaper and more 
efficient.  It  supported  the  establishment  of  a  European  procedure  to  simplify  and  speed  up 
small  claims  litigation.  It  considered  that  suitable  measures  for  speeding  up  such  litigation 
should  be  defined  without,  at  the  same  time,  jeopardising  the  guarantees  afforded  to  the 
parties in question under the rule of law. 

In it opinion8 of 12 February 2004 on the Green Paper, the European Parliament welcomed 
the Commission’s initiative, and stated that the small claims procedure should not only apply 
to cases relating to payment of a sum of money, on the understanding that a limit must first be 
determined on the basis of the amount at issue, but also be extended to cover all other disputes 
concerning  economic  relationships  falling  under  the  heading  of  obligations.  Furthermore,  in 
the small claims procedure alternative dispute resolution (ADR) methods should be applied, 
the taking of evidence simplified, and the right of appeal limited. 

On 16 March 2004 a meeting of experts of the Member States discussed a draft Regulation 
establishing  a  European  Small  Claims  Procedure.  The  approach  taken  by  this  text  was 
generally appreciated by the delegations, namely to adopt a regulation which would have as 
objectives  to  simplify  and  speed  up  litigation  concerning  small  claims  by  establishing  a 
European  Small  Claims  Procedure  available  to  litigants  as  an  alternative  to  the  procedures 
existing under the laws of the Member States which will remain unaffected, and to abolish the 
intermediate  measures  to  enable  the  recognition  and  enforcement  of  a  judgment  given  in  a 
European Small Claims Procedure in another Member State. 

2. 

OBJECTIVES AND SCOPE  

2.1. 

Overall objective 

2.1.1.  The significance of efficient Small Claims procedures 

Costs, delay and vexation of judicial proceedings do not necessarily decrease proportionally 
with the amount of the claim. On the contrary, the smaller the claim is, the more the weight of 
these obstacles increases. This has led to the creation of simplified civil procedures for Small 
Claims  in  many  Member  States.  At  the  same  time,  the  potential  number  of  cross-border 
disputes  is  rising  as  a  consequence  of  the  increasing  use  of  the  EC  Treaty  rights  of  free 
movement of persons, goods and services. The obstacles to obtaining a fast and inexpensive 
judgment  are  clearly  intensified  in  a  cross-border  context.  It  will  often  be  necessary  to  hire 
two lawyers, there are additional translation and interpretation costs and miscellaneous other 
factors such as extra travel costs of litigants, witnesses, lawyers etc. 

Potential problems are not limited to disputes between individuals. Also the owners of small 
businesses  may  face  difficulties  when  they  want  to  pursue  their  claims  in  another  Member 
State. But as a consequence of the lack of a procedure which is “proportional” to the value of 

7 
8 

OJ C 220, 16.9.2003, p. 5. 
European Parliament resolution on the prospects for approximating civil procedural law in the European 
Union (COM(2002) 654 + COM(2002) 746 - C5-0201/2003 - 2003/2087(INI)), A5-0041/2004. 

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the litigation, the obstacles that the creditor is likely to encounter might make it questionable 
whether judicial recourse is economically sensible. The expense of obtaining a judgment, in 
particular  against  a  defendant  in  another  Member  State,  is  often  disproportionate  to  the 
amount of the claim involved. Many creditors, faced with the expense of the proceedings, and 
daunted  by  the  practical  difficulties  that  are  likely  to  ensue,  abandon  any  hope  of  obtaining 
what they believe is rightfully theirs.  

2.1.2.  Characteristic features of Small Claims procedures - procedural simplifications 

Within the framework of their procedural systems and traditions, many Member States have 
introduced specific rules with respect to small claims litigation which provide for procedural 
simplifications  compared  with  the  ordinary  procedure.  It  is  not  surprising  that  the  solutions 
that  have  been  devised  differ  from  each  other.  Whereas  in  some  Member  States  there  are 
specific  Small  Claims  procedures,  others  provide  for  certain  procedural  simplifications  in 
Small  Claims  cases.  There  are  also  differences  with  respect  to  the  degree  to  which  specific 
procedural simplifications apply. 

There  are  specific  Small  Claims  Procedures  which  provide  for  various  simplifications 
compared with the ordinary procedure in the United Kingdom (England/Wales, Scotland and 
Northern  Ireland),  Ireland,  Sweden  and  Spain.  In  Germany  courts  may  determine  their 
procedures  as  they  see  fit  in  Small  Claims  cases.  In  France  there  is  a  simplified  way  of 
introducing  the  procedure  for  Small  Claims  (“déclaration  au  greffe”).  The  Codes  of  Civil 
Procedure of Austria, Finland and the Netherlands and other Member States contain several 
procedural  simplifications  compared  with  the  ordinary  procedure  which  are  applicable  in 
cases below certain thresholds. While one may not consider these procedural simplifications 
as amounting to a specific Small Claims Procedure in a strict sense, in practice very similar 
results are achieved. 

The  most  important  features  of  the  existing  Small  Claims  procedures  and  procedural 
simplifications can be summarised as follows9: 

– 

– 

All  Member  States  with  Small  Claims  procedures  have  quantitative  thresholds  for 
these  procedures  which  vary,  however,  considerably10.  Some  Member  States  apply 
the Small Claims procedure additionally also to certain types of litigation, regardless 
of  a  threshold.  In  most  Member  States  with  Small  Claims  procedures,  these 
procedures  are  available  not  only  for  monetary  claims.  The  use  of  the  simplified 
procedure  is  in  most  cases  obligatory  (for  claims  below  the  threshold),  but  a 
litigation can be transferred to the ordinary or a more formal procedure by the judge 
or on application of a party. 

In many existing Small Claims procedures, there are forms for filing the claim. There 
is no obligation to make legal references in the application in any Member State, i.e. 
only  factual  references  are  required.  In  most  Member  States  there  is  support  by  a 
court  clerk  or  help  desk  for  the  introduction  of  a  procedure.  Moreover,  the  judge 
gives  assistance  during  the  hearing  to  a  party  that  is  not  represented  by  a  lawyer 
(particularly on procedural issues), whilst observing the principle of impartiality. At 

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10 

See for more details Chapter 4.3 of the Green Paper. 
Between 600 € (Germany) and 8.234 € (England/Wales). 

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present,  no  Member  States  requires  mandatory  representation  by  a  lawyer  in  Small 
Claims procedures. 

– 

The relaxation of rules concerning the taking of evidence is one of the issues crucial 
in the small claims procedures in most Member States. In many cases, the judge has 
a  certain  amount  of  discretion  in  this  respect.  The  possibility  of  a  purely  written 
procedure  (instead  of  oral  hearings)  exists  presently  in  many  cases.  In  some  cases, 
the rules concerning the content of the judgment are relaxed. There is a time limit for 
the  delivery  of  the  judgment  in  many  Member  States.  The  procedural  rules  with 
respect to the reimbursement of costs differ significantly. In most Member States all 
costs  have  to  be  paid  by  the  defendant  alone  if  he  loses.  The  laws  of  the  Member 
States  concerning  the  possibility  to  appeal  against  decisions  in  Small  Claims 
procedures differ considerably. 

2.2. 

Scope 

2.2.1.  The need for action at Community level 

Article  65  of  the  EC  Treaty  attributes  legislative  powers  to  the  Community  with  regard  to 
judicial cooperation in civil matters having cross-border implications in so far as necessary for 
the proper functioning of the internal market. 

With  respect  to  the  internal  market  requirement,  there  is  a  margin  of  appreciation  for  the 
Community  institutions  in  determining  whether  a  measure  is  necessary  for  the  proper 
functioning of the internal market. With respect to this proposal, the proper functioning of the 
internal market is facilitated because the establishment of a European Small Claims procedure 
will help to eliminate obstacles to the free movement of goods, persons, services or capital. 
As outlined above (2.1.2.), at present small claims procedures are substantially different in the 
Member  States.  The  access  of  economic  operators  to  judicial  mechanisms  of  substantially 
different  performance  levels  entails  a  distortion  of  competition  in  the  internal  market 
regardless  of  whether  the  actors  are  domiciled  in  different  Member  States  or  in  the  same 
Member  State.  If  some  operators  have  access  to  efficient  and  effective  procedures  while 
others do not, there is no level playing field for operators competing in the internal market. 
The  existing  disparities  in  the  laws  of  the  Member  States  put  obstacles  to  the  proper 
internal  market.  Consequently,  a  situation 
implying  a  marked 
functioning  of 
disequilibrium  with  regard  to  the  efficiency  of  the  procedural  means  afforded  to  creditors 
under  different  national  laws  amounts  to  a  distortion  of  competition  within  the  internal 
market. A European Small Claims procedure would thus facilitate the proper functioning of 
the internal market. 

the 

Concerning the cross-border requirement, most linguistic versions of the Treaty use the term 
“matter”,  and  not  “measure”.  It  is  therefore  necessary  and  sufficient  that  the  “matter”  has 
cross-border  implications.  This  interpretation  is  confirmed  by  letter  (c)  of  Article  65  which 
provides  that  measures  in  the  field  of  judicial  cooperation  in  civil  matters  shall  include 
eliminating obstacles to the good functioning of civil proceedings, and by Article III-269 of 
the Treaty establishing a Constitution for Europe. 

Procedural law by its nature may have cross-border implications. The judge will always apply 
the  lex  fori  whether  or  not  the  litigation  has  cross-border  elements.  Small  Claims  litigation 
constitutes  a  matter  having  cross-border  implications  since  –  taking  into  account  the 

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development of the internal market - most economic operators and consumers will sooner or 
later be involved in such litigation abroad. 

A measure applying also to purely internal cases which is necessary for the proper functioning 
of the internal market, in particular because it eliminates distortions of competition between 
economic operators of the different Member States, has necessarily cross-border implications 
since the putting in place of an efficient Small Claims Procedure in every Member State will 
facilitate access to justice under equal conditions. 

The  internal  market  requirement  in  Article  65  is  thus  a  restriction  of  the  cross-border 
requirement. A measure which is necessary for the proper functioning of the internal market 
has  necessarily  cross-border 
implications,  whereas  a  measure  having  cross-border 
implications  may  not  always  also  be  necessary  for  the  proper  functioning  of  the  internal 
market.  This  interpretation  is  also  confirmed  by  the  negotiations  leading  to  the  adoption  of 
Article  65  since  the  internal  market  requirement  was  introduced  at  a  late  stage  of  the 
negotiations in order to limit the scope of the provision. A more restrictive interpretation of 
Article  65  cannot  have  been  intended  by  those  who  drafted  it  since  it  would  create  new 
obstacles  to  access  to  justice  in  the  European  Judicial  Area.  Every  legal  instrument  would 
have to have its own “cross-border” definition since that definition would almost necessarily 
have  to  vary  from  one  issue  to  another  which  would  cause  significant  difficulties  in  the 
application of those instruments. 

It  would  not  only  be  inappropriate  but  even  counterproductive  to  constrain  the  scope  of 
application of the European Small Claims Procedure to cross-border cases. 

Firstly, the creation of two different regimes for internal cases and for cases with cross-border 
aspects should be avoided. Such a duality of regimes would be inconsistent with the objective 
of a single and coherent area of justice for all. 

Furthermore,  as  outlined  above,  not  in  all  Member  States  speedy  and  inexpensive  small 
claims  procedures  are  available  to  litigants.  The  lack  of  such  procedures  which  are 
proportional to the value of the litigation make judicial recourse economically questionable in 
many cases and  often  creditors  abstain from taking legal action.  This limitation  of  effective 
access  to  justice  causes  economic  costs  which  have  significant  negative  macroeconomic 
impacts on the proper functioning of the internal market. 

2.2.2. 

Subsidiarity and proportionality 

The objective of this proposal, to simplify and speed up litigation concerning small claims by 
establishing a European Small Claims Procedure, cannot be sufficiently accomplished by the 
Member  States  themselves  as  they  cannot  guarantee  the  equivalence  of  rules  applicable 
throughout  the  Community.  The  objective  can  therefore  be  only  achieved  at  Community 
level. 

The  present  proposal  is  fully  consistent  with  the  principle  of  proportionality  in  that  it  is 
strictly  limited  to  what  is  necessary  in  order  to  reach  this  objective.  In  that  context,  it  is 
particularly  essential  to  underscore  the  effects  of  the  combination  of  the  legal  instrument 
chosen  (Regulation)  with  the  optional  nature  of  the  European  Small  Claims  Procedure  in 
relation to comparable mechanisms under the national procedural law of the Member States. 
Whilst  ensuring  the  uniformity  and  direct  applicability  of  the  procedure,  the  Regulation 
proposed here would only oblige Member States to make the European procedure available as 

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an  additional  tool.  It  would  force  them  neither  to  abandon  their  pre-existing  legislation  on 
small claims nor to modify such legislation to bring it into line with Community law. Hence, 
this  proposal  for  a  Regulation  which  leaves  the  right  of  the  Member  States  unaffected  to 
continue  the  application  of  their  domestic  rules  alongside  the  European  Small  Claims 
Procedure  encroaches  much  less  on  their  procedural  systems  than  a  Directive  that  would 
require  an  adaptation  of  national  legislation  to  the  standards  set  in  that  instrument.  This 
legislative  technique,  in  fact,  assures  a  common  minimum  level  in  the  efficiency  of  the 
recovery  of  small  claims  but  it  permits  Member  States  that  have  developed  an  even  better-
functioning  domestic  system  to  retain  it.  Ultimately,  it  will  be  left  to  the  creditors  to  judge 
which procedure they consider as being either superior in performance or more convenient in 
terms  of  accessibility,  the  latter  criterion  being  particularly  relevant  for  those  operating  in 
several  Member  States  and  being  spared  the  need  to  make  themselves  familiar  with  the 
procedural law of every one of them by the availability of a uniform European Small Claims 
Procedure.  Finally,  it  should  be  borne  in  mind  that  Article  17  of  the  proposal  provides  that 
“subject to the provisions of this Regulation, the European Small Claims Procedure shall be 
governed by the procedural law of the Member State in which the procedure is conducted”. 
Hence,  the  introduction  of  a  European  Small  Claims  Procedure  does  not  entail  the  need  for 
further  approximation  of  national  procedural  legislation  and  thus  keeps  interference  with 
domestic law to an absolute minimum. 

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2005/0020 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European Small Claims Procedure  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61 (c) thereof, 

Having regard to the proposal from the Commission11, 

Having regard to the opinion of the Economic and Social Committee12, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty13, 

Whereas: 

(1) 

(2) 

The  European  Union  has  set  itself  the  objective  of  maintaining  and  developing  the 
European  Union  as  an  area  of  freedom,  security  and  justice  in  which  the  free 
movement  of  persons  is  ensured.  For  the  gradual  establishment  of  such  an  area,  the 
Community is to adopt, among others, the measures relating to judicial cooperation in 
civil matters needed for the proper functioning of the internal market. 

In  this  respect,  the  Community  has  among  other  measures  already  adopted  Council 
Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States 
of  judicial  and  extrajudicial  documents  in  civil  or  commercial  matters14,  Council 
Decision  2001/470/EC  of 28 May  2001 establishing a  European Judicial Network in 
civil  and  commercial  matters15,  Council  Regulation 
(EC)  No  44/2001  of 
22 December 2000 on jurisdiction and the recognition and enforcement of judgments 
in civil and commercial matters16 and Regulation (EC) No 805/2004 of the European 
Parliament  and  of  the  Council  of  21  April  2004  creating  a  European  Enforcement 
Order for uncontested claims17. 

(3) 

On 20 December 2002, the Commission adopted a Green Paper on a European order 
for  payment  procedure  and  on  measures  to  simplify  and  speed  up  small  claims 

11 
12 
13 
14 
15 
16 
17 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 160, 30.6.2000, p. 37. 
OJ L 174, 27.6.2001, p. 25. 
OJ L 12, 16.1.2001, p. 1. 
OJ L 143, 30.4.2004, p. 15. 

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litigation18.  The  Green  Paper  launched  a  consultation  on  measures  concerning  the 
simplification and the speeding up of small claims litigation. 

(4)  Many  Member  States  have  introduced  simplified  civil  procedures  for  Small  Claims 
since  costs,  delay  and  vexation  connected  with  litigation  do  not  necessarily  decrease 
proportionally  with  the  amount  of  the  claim.  The  obstacles  to  obtaining  a  fast  and 
inexpensive judgment are intensified in cross-border cases. It is therefore necessary to 
create  a  European  Small  Claims  Procedure.  The  objective  of  such  a  European 
procedure  should  be  to  facilitate  access  to  justice  by  purveying  a  procedure  of 
moderate duration at affordable costs. 

(5) 

(6) 

(7) 

(8) 

(9) 

The distortion of competition within the internal market due to the disequilibrium with 
regard  to  the  functioning  of  the  procedural  means  afforded  to  creditors  in  different 
Member  States  entails  the  need  for  Community  legislation  which  guarantees  a  level 
playing field for creditors and debtors throughout the European Union. 

The European Small Claims Procedure should apply also to purely domestic cases in 
order to eliminate distortions of competition between economic operators in different 
Member States and to facilitate access to justice under equal conditions in all Member 
States. 

The  European  Small  Claims  Procedure  should  simplify  and  speed  up  litigation 
concerning small claims, whilst reducing costs, by offering an optional tool in addition 
to  the  possibilities  existing  under  the  laws  of  the  Member  States,  which  will  remain 
unaffected. This Regulation should also make it simpler to obtain the recognition and 
enforcement  of  a  judgment  given  in  a  European  Small  Claims  Procedure  in  another 
Member State, including judgements which were initially of a purely domestic nature. 

In order to facilitate the introduction of the procedure, the claimant should commence 
the  European  Small  Claims  Procedure  by  completing  a  claim  form  and  lodging  it  at 
the competent court or tribunal. 

In  order  to  reduce  costs  and  delays,  documents  should  be  served  on  the  parties  by 
registered  letter  with  acknowledgment  of  receipt,  or  by  any  simpler  means  such  as 
simple letter, fax or email. The procedure should be a written procedure, unless an oral 
hearing  is  considered  necessary  by  the  court  or  tribunal.  The  parties  should  not  be 
obliged to be represented by a lawyer. 

(10)  The  court  or  tribunal  should  be  given  the  possibility  to  hold  a  hearing  through  an 
audio, video or email conference. It should also be given the possibility to determine 
the means of proof and the extent of the taking of evidence according to its discretion 
and admit the taking of evidence through telephone, written statements of witnesses, 
and audio, video or email conferences. 

(11)  The court or tribunal should respect the principle of an adversarial process. 

(12) 

In order to speed up the resolution of disputes, the judgment should be rendered within 
six months following the registration of the claim. 

18 

COM(2002) 746 final. 

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(13) 

(14) 

(15) 

In order to speed up the recovery of small claims, the judgment should be immediately 
enforceable  notwithstanding  any  possible  appeal  and  without  the  condition  of  the 
provision of a security. 

In  order  to  reduce  costs,  when  the  unsuccessful  party  is  a  natural  person  and  is  not 
represented  by  a  lawyer  or  another  legal  professional,  he  should  not  be  obliged  to 
reimburse the fees of a lawyer or another legal professional of the other party. 

In order to facilitate recognition and enforcement, a judgment given in a Member State 
in  a  European  Small  Claims  Procedure  should  be  recognised  and  enforceable  in 
another Member State without the need for a declaration of enforceability and without 
any possibility of opposing its recognition. 

(16)  This Regulation respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union. 
Specifically, it seeks to ensure full respect for the right to a fair trial as recognised in 
Article 47 of the Charter. 

(17)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission19. 

(18)  Since the objectives of the action to be taken namely the establishment of a procedure 
to simplify and speed up litigation concerning small claims, and reduce costs, cannot 
be sufficiently achieved by the Member States and can therefore be better achieved at 
Community  level,  the  Community  may  adopt  measures  in  accordance  with  the 
principle of  subsidiarity as  set  out  in Article 5 of the Treaty.  In accordance with the 
principle  of  proportionality  as  set  out  in  that  Article  this  Regulation  does  not  go 
beyond what is necessary to achieve those objectives. 

(19) 

[The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position of the United Kingdom and Ireland annexed to the Treaty on European Union 
and the Treaty establishing the European Community, have given notice of their wish 
to take part in the adoption and application of this Regulation.] 

(20)  Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community,  is  not  participating  in  the  adoption  of  this  Regulation,  and  is 
therefore not bound by it nor subject to its application, 

19 

OJ L 184, 17.7.1999, p. 23. 

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HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

SUBJECT MATTER AND SCOPE 

Article 1 
Subject matter 

This Regulation establishes a European procedure for small claims (hereinafter referred to as 
the  “European  Small  Claims  Procedure”),  intended  to  simplify  and  speed  up  litigation 
concerning  small  claims,  and  reduce  costs.  The  European  Small  Claims  Procedure  shall  be 
available to litigants as an alternative to the procedures existing under the laws of the Member 
States. 

This  Regulation  also  eliminates  the  intermediate  measures  necessary  to  enable  recognition 
and enforcement, in other Member States, of judgments, with the exception of judgments on 
uncontested claims, given in one Member State in a European Small Claims Procedure. 

Article 2 
Scope 

1. 

This Regulation shall apply in civil and commercial matters, whatever the nature of 
the  court  or  tribunal,  where  the  total  value  of  a  monetary  or  non-monetary  claim 
excluding interests, expenses and outlays does not exceed EUR 2000 at the time the 
procedure  is  commenced.  It  shall  not  apply,  in  particular,  to  revenue,  customs  or 
administrative matters. 

2. 

This Regulation shall not apply to matters concerning: 

(a) 

the status or legal capacity of natural persons,  

(b) 

(c) 

rights  in  property  arising  out  of  a  matrimonial  relationship,  wills  and 
succession, 

bankruptcy, proceedings relating to the winding-up of insolvent companies or 
other  legal  persons,  judicial  arrangements,  compositions  and  analogous 
proceedings, 

(d) 

social security, 

(e) 

arbitration, 

(f) 

employment law. 

3. 

In  this  Regulation,  the  term  “Member  State”  shall  mean  Member  States  with  the 
exception of Denmark. [United Kingdom, Ireland] 

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CHAPTER II 

THE EUROPEAN SMALL CLAIMS PROCEDURE 

Article 3 
Commencement of the Procedure 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

The claimant shall commence the European Small Claims Procedure by completing 
the  claim  form  set  out  in  Annex  I  and  lodging  it  with  any  relevant  additional 
documents  at  the  competent  court  or  tribunal.  The  claim  form  may  be  lodged 
directly,  by  post  or  by  any  other  means  of  communication  such  as  fax  or  email 
acceptable to the Member State in which the procedure is commenced.  

Member  States  shall  inform  the  Commission  which  means  of  communication  are 
acceptable to them. The Commission shall make such information publicly available. 

The court or tribunal shall register the claim  form  immediately  on  receipt  and  note 
the date and time of receipt of all other documents it receives in the European Small 
Claims Procedure. 

For the purpose of the interruption of periods of prescription or, as the case may be, 
limitation,  the  court  or  tribunal  is  deemed  to  be  seized  when  the  claim  form  is 
registered in accordance with paragraph 3. 

Where a claim form does not relate to an action within the scope of this Regulation 
as  set  out  in  Article  2,  the  court  or  tribunal  shall  not  treat  the  claim  as  a  European 
Small Claim, but proceed to deal with it in accordance with the relevant procedural 
law applicable in the Member State in which the procedure is conducted. The court 
or tribunal shall inform the claimant to that effect. 

Where the court or tribunal considers that the information provided by the claimant is 
insufficiently clear or adequate or if the claim form is not completed properly, it may 
give the claimant the opportunity to complete or rectify the form or to supply such 
supplementary information or documents as it may specify. 

Member States shall ensure that the claim form is available at all courts or tribunals 
at which the European Small Claims Procedure can be commenced, and that practical 
assistance is available at all such courts or tribunals to assist claimants to complete 
the form. 

Article 4 
Conduct of the Procedure 

The  European  Small  Claims  Procedure  shall  be  a  written  procedure,  unless  an  oral 
hearing  is  deemed  to  be  necessary  by  the  court  or  tribunal  which  shall  take  into 
account any observations or demands of the parties in this respect.  

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2. 

After  receiving  the  claim  form,  the  court  or  tribunal  shall  complete  part  I  of  the 
answer form set out in Annex II. 

3. 

4. 

5. 

6. 

7. 

It shall serve a copy of the claim form, together with the answer form thus completed 
on  the  defendant  within  8  days  of  receiving  the  claim  form,  in  accordance  with 
Article 11. 

The  defendant  shall  submit  his  response  within  one  month  of  service  of  the  claim 
form and answer form, by filling in Part II of the answer form, adding any additional 
documents and returning it to the court or tribunal, or in any other appropriate way 
not using the answer form. 

Within eight days of receipt of the response from the defendant, the court or tribunal 
shall serve a copy of the response and any additional documents on the claimant in 
accordance with Article 11. 

If,  in  his  response,  the  defendant  makes  a  counterclaim  against  the  claimant,  the 
court  or  tribunal  shall  inform  the  claimant  of  that  counterclaim.  The  claimant  shall 
respond to the counterclaim within one month of service of the response. 

If the total value of the counterclaim exceeds the amount set out in Article 2 (1), the 
court or tribunal shall only consider the counterclaim if it arises from the same legal 
relationship  as  the  claim  and  if  the  court  or  tribunal  considers  it  appropriate  to 
proceed in the European Small Claims Procedure. 

If  any  additional  document  received  by  the  court  or  tribunal  is  in  a  language  other 
than  the  language  in  which  the  procedure  is  conducted,  the  court  or  tribunal  shall 
only  require  a  translation  of  that  document,  if  the  translation  is  necessary  for 
rendering the judgment. 

If a party has refused to accept a document because it is not in one of the languages 
provided  for  in  Article  8  of  Regulation  (EC)  No  1348/2000,  the  court  or  tribunal 
shall inform the other party thereof and advise it to provide a translation. 

Article 5 
Conclusion of the Procedure 

1. 

Within  one  month  following  receipt  of  the  response  from  the  defendant  or  the 
claimant  within  the  time  limits  laid  down  in  Article  4  (3)  and  (5),  the  court  or 
tribunal shall  

(a) 

deliver a judgment, or 

(b)  demand further details concerning the claim from the parties within a specified 

period of time, or 

(c) 

summon the parties to a hearing. 

2. 

If the court or tribunal has not received an answer from the defendant within the time 
limit laid down in Article 4 (3), the court or tribunal shall deliver a default judgment. 

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Article 6 
Hearing 

1. 

2. 

1. 

2. 

The  court  or  tribunal  may  hold  a  hearing  through  an  audio,  video  or  email 
conference, if the technical means are available and if both parties agree. 

If  a  party  does  not  attend  the  hearing  and  another  person  represents  that  party,  the 
court or tribunal may ask that person to present a mandate or other authorization in 
writing  from  that  party,  if  this  is  required  by  the  procedural  law  applicable  in  the 
Member State in which the procedure is conducted. 

Article 7 
Taking of evidence 

The  court  or  tribunal  may  determine  the  means  of  proof  and  the  extent  to  which 
evidence  is  taken  according  to  its  discretion.  In  particular,  the  court  may  admit  the 
taking  of  evidence  through  telephone,  written  statements  of  witnesses,  and  through 
an audio, video or email conference.  

In  exceptional  circumstances,  the  court  or  tribunal  may  receive  evidence  of  expert 
witnesses if it is indispensable for the judgment. 

Article 8 
Representation of parties 

The parties shall not be required to be represented by a lawyer or another legal professional. 

Article 9 
Remit of the court or tribunal 

1. 

2. 

3. 

4. 

The  court  or  tribunal  shall  respect  the  right  to  a  fair  trial  and  the  principle  of  an 
adversarial process, in particular when deciding on the necessity of an  oral hearing 
and on the means of proof and the extent to which evidence is taken. 

The court or tribunal shall not oblige the parties to make any legal assessment of the 
claim. 

If  necessary,  the  court  or  tribunal  shall  support  the  parties  in  procedural  questions 
and may ask them to provide any factual information relevant to the determination of 
the issues in the case. 

Whenever appropriate, the court or tribunal shall seek to reach a settlement between 
the parties. 

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1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 10 
Judgment 

The judgment  shall  be  rendered within six months following the registration of the 
claim form. 

The  court  or  tribunal  shall  serve  the  judgment  on  the  parties  in  accordance  with 
Article 11, unless it is delivered orally at the conclusion of a hearing at which both 
parties are present. 

Article 11 
Service of documents 

Where documents are to be served in a Member State other than the Member State in 
which the procedure  is  conducted, they shall be served on the parties by registered 
letter with acknowledgment of receipt, respecting any additional conditions provided 
for in Article 14 of Regulation (EC) No 1348/2000, and having regard to Article 8 
thereof. 

Where  documents  are  to  be  served  in  the  Member  State  in  which  the  procedure  is 
conducted and the address of the addressee is known with certainty, documents shall 
be served on  the  parties by registered letter with acknowledgment  of  receipt, or  by 
any  simpler  means  such  as  simple  letter,  fax  or  email,  if  these  simpler  means  are 
provided  for  in  the  procedural  law  of  the  Member  State  in  which  the  procedure  is 
conducted. 

If, in exceptional circumstances, it is not possible to effect service in accordance with 
paragraphs 1 and 2, service may be effected through other means ensuring personal 
service. 

Article 12 
Time limits 

The  court  or  tribunal  may  prolong  the  time  limits  provided  for  in  Article  4  (3) 
and (5), in exceptional circumstances, if necessary in order to guarantee an effective 
defence of the parties. 

If, in exceptional circumstances, it is not possible for the court or tribunal to respect 
the time limits provided for in Articles 4 (2) and (4), Article 5 (1) and Article 10 (1) 
without  jeopardising  the  proper  conduct  of  proceedings,  it  shall  take  the  necessary 
steps as soon as possible. 

For  the  purpose  of  calculating  the  time  limits  provided  for  in  this  Regulation, 
Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining 
the rules applicable to periods, dates and time limits20 shall apply. 

20 

OJ L 124, 8.6.1971, p. 1. 

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Article 13 
Enforceability of the judgment 

The judgment shall be immediately enforceable, notwithstanding any possible appeal. It shall 
not be necessary to provide a security. 

1. 

2. 

1. 

2. 

Article 14 
Costs 

The  unsuccessful  party  shall  bear  the  costs  of  the  proceedings,  except  where  this 
would  be  unfair  or  unreasonable.  In  that  case,  the  court  or  tribunal  shall  make  any 
order for payment of expenses on an equitable basis. 

When the unsuccessful party is a natural person and is not represented by a lawyer or 
another legal professional, he shall not be obliged to reimburse the fees of a lawyer 
or another legal professional of the other party. 

Article 15 
Appeal 

Member  States  shall  inform  the  Commission  whether  an  appeal  is  available  under 
their  procedural  law  against  a  judgment  rendered  in  a  European  Small  Claims 
Procedure. The Commission shall make that information publicly available. 

In  an  appeal  procedure  against  a  judgment  rendered  in  a  European  Small  Claims 
Procedure, parties shall not be required to be represented by a lawyer or another legal 
professional. 

3. 

There shall be no further ordinary appeal or cassation against an appeal judgment. 

Article 16 
Review of the judgment 

Provided  that  he  acts  promptly,  the  defendant  shall  be  entitled  to  apply  for  a  review  of  the 
judgment  rendered  in  a  European  Small  Claims  procedure,  under  the  conditions  established 
by the law of the Member State in which the judgment has been rendered and communicated 
to the Commission pursuant to Articles 19 and 30 of Regulation (EC) No 805/2004, where: 

(a) 

(i) 

the claim form or the summons to a hearing were served by a method without 
proof of receipt by him personally; and  

(ii) 

service was not effected in sufficient time or in such a way as to enable him to 
arrange for his defence without any fault on his part, or 

(b) 

the defendant was prevented from objecting to the claim by reason of force majeure, 
or due to extraordinary circumstances without any fault on his part. 

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Article 17 
Applicable procedural law 

Subject  to  the  provisions  of  this  Regulation,  the  European  Small  Claims  Procedure  shall  be 
governed by the procedural law of the Member State in which the procedure is conducted. 

CHAPTER III 

RECOGNITION AND ENFORCEMENT 

Article 18 
Recognition and enforcement  

1. 

2. 

3. 

A judgment delivered in a Member State in a European Small Claims Procedure shall 
be  recognised  and  enforceable  in  another  Member  State  without  the  need  for  a 
declaration of enforceability and without any possibility of opposing its recognition 
if it has been certified by the court or tribunal in the Member State of origin using the 
form set out in Annex III to this Regulation. 

The judgment delivered in a European Small Claims Procedure shall be certified if it 
does  not  conflict  with  the  rules  on  jurisdiction  as  laid  down  in  sections  3  and  6  of 
Chapter II of Regulation (EC) No 44/2001. 

The certificate shall be established in the language of the judgment. 

No appeal shall lie against the issuing of the certificate. 

The law of the Member State in which the procedure is conducted shall apply to any 
rectification of the certificate. 

Where, at the time when the judgment is delivered, it is likely that it will have to be 
enforced  in  another  Member  State,  the  certificate  shall  be  issued  ex  officio  at  the 
time  of  the  delivery  of  the  judgment.  Otherwise  the  certificate  shall  be  issued  if 
requested by one of the parties. 

4. 

A party seeking enforcement of a judgment shall produce: 

(a) 

a copy of the judgment which satisfies the conditions necessary to establish its 
authenticity; and 

(b) 

the certificate referred to in paragraph 1. 

5. 

Paragraphs  1  to  4  shall  not  apply  to  judgments  on  uncontested  claims  within  the 
meaning of Article 3 (1) of Regulation (EC) No 805/2004.  

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CHAPTER IV 

RELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTS 

Relationship with Regulation (EC) No 805/2004 and with Regulation (EC) No 44/2001  

Article 19 

This  Regulation  shall  not  affect  the  application  of  Regulation  (EC)  No  805/2004  and  of 
Regulation (EC) No 44/2001. 

CHAPTER V 

FINAL PROVISIONS 

Article 20 
Information 

The  competent  national  authorities  shall  cooperate  to  provide  the  general  public  and 
professional circles with information on the European Small Claims Procedure, in particular 
via  the  European  Judicial  Network  in  Civil  and  Commercial  Matters  established  by 
Decision 2001/470/EC. 

Article 21 
Implementing measures 

The measures necessary for the implementation of this Regulation relating to modification of 
the threshold established in Article 2 (1) and updates or technical amendments to the forms in 
the Annexes, or the introduction of additional forms shall be adopted by the Commission in 
accordance with the advisory procedure referred to in Article 22 (2). 

1. 

2. 

Article 22 
Committee 

The  Commission  shall  be  assisted  by  the  Committee  provided  for  by  Article  75  of 
Regulation (EC) No 44/2001. 

reference 

Where 
this  paragraph,  Articles  3  and  7  of 
Decision 1999/468/EC  shall  apply  having  regard  to  the  provisions  of  Article  8 
thereof. 

is  made 

to 

3. 

The Committee shall adopt its rules of procedure. 

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Article 23 
Entry into force 

This Regulation shall enter into force on […]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States in 
accordance with the Treaty establishing the European Community. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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