Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure
Date: 2007-07-11
Institutions: Council of the European Union, European Parliament
Subjects: civil procedure, civil proceedings, form, judicial cooperation in criminal matters in the EU

31.7.2007

EN

Official Journal of the European Union

L 199/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 861/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 July 2007

establishing a European Small Claims Procedure

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 61(c) and Article 67 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

(3)

The Community has set itself the objective of maintain-
ing and developing an area of freedom, security and jus-
tice in which the free movement of persons is ensured.
For the gradual establishment of such an area, the Com-
munity is to adopt, inter alia, measures in the field of judi-
cial cooperation in civil matters having cross-border
implications and needed for the proper functioning of the
internal market.

According to Article 65(c) of the Treaty, those measures
are to include those eliminating obstacles to the good
functioning of civil proceedings, if necessary by promot-
ing the compatibility of the rules on civil procedure appli-
cable in the Member States.

In this respect, the Community has, among other mea-
sures,
(EC)
No 1348/2000 of 29 May 2000 on the service in the

adopted Council Regulation

already

(1) OJ C 88, 11.4.2006, p. 61.
(2) Opinion of the European Parliament of 14 December 2006 (not yet
published in the Official Journal) and Council Decision of 13 June
2007.

Member States of judicial and extrajudicial documents in
civil or commercial matters (3), Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and
the recognition and enforcement of judgments in civil and
commercial matters (4), Council Decision 2001/470/EC of
28 May 2001 establishing a European Judicial Network in
civil
and commercial matters (5), Regulation (EC)
No 805/2004 of the European Parliament and of the
Council of 21 April 2004 creating a European Enforce-
ment Order for uncontested claims (6) and Regulation (EC)
No 1896/2006 of the European Parliament and of the
Council of 12 December 2006 creating a European order
for payment procedure (7).

The European Council meeting in Tampere on 15
and 16 October 1999 invited the Council and the Com-
mission to establish common procedural rules for simpli-
fied and accelerated cross-border litigation on small
consumer and commercial claims.

On 30 November 2000, the Council adopted a joint pro-
gramme of the Commission and the Council of measures
for the implementation of the principle of mutual recog-
nition of decisions in civil and commercial matters (8). The
programme refers to simplifying and speeding up the
settlement of cross-border litigation on small claims. This
was taken forward by the Hague Programme (9), adopted
by the European Council on 5 November 2004, which
called for work on small claims to be actively pursued.

(4)

(5)

(3) OJ L 160, 30.6.2000, p. 37.
(4) OJ L 12, 16.1.2001, p. 1. Regulation as amended by Regulation (EC)

No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5) OJ L 174, 27.6.2001, p. 25.
(6) OJ L 143, 30.4.2004, p. 15. Regulation as amended by Commission

Regulation (EC) No 1869/2005 (OJ L 300, 17.11.2005, p. 6).

(7) OJ L 399, 30.12.2006, p. 1.
(8) OJ C 12, 15.1.2001, p. 1.
(9) OJ C 53, 3.3.2005, p. 1.

L 199/2

EN

Official Journal of the European Union

31.7.2007

(6)

(7)

(8)

(9)

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

Many Member States have introduced simplified civil pro-
cedures for small claims since costs, delays and complexi-
ties connected with litigation do not necessarily decrease
proportionally with the value of the claim. The obstacles
to obtaining a fast and inexpensive judgment are exacer-
bated in cross-border cases. It is therefore necessary to
establish a European procedure for small claims (European
Small Claims Procedure). The objective of such a proce-
dure should be to facilitate access to justice. The distor-
tion of competition within the internal market due to
imbalances with regard to the functioning of the proce-
dural means afforded to creditors in different Member
States entails the need for Community legislation that
guarantees a level playing-field for creditors and debtors
throughout the European Union. It should be necessary
to have regard to the principles of simplicity, speed and
proportionality when setting the costs of dealing with a
claim under the European Small Claims Procedure. It is
appropriate that details of the costs to be charged be made
public, and that the means of setting any such costs be
transparent.

The European Small Claims Procedure should simplify and
speed up litigation concerning small claims in cross-
border cases, 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 rec-
ognition and enforcement of a judgment given in the
European Small Claims Procedure in another Member
State.

This Regulation seeks to promote fundamental rights and
takes into account, in particular, the principles recognised
by the Charter of Fundamental Rights of the European
Union. The court or tribunal should respect the right to a
fair trial and the principle of an adversarial process, in par-
ticular when deciding on the necessity of an oral hearing
and on the means of taking evidence and the extent to
which evidence is to be taken.

(10)

For the purposes of facilitating calculation of the value of
a claim, all interest, expenses and disbursements should
be disregarded. This should affect neither the power of the
court or tribunal to award these in its judgment nor the
national rules on the calculation of interest.

(11)

(12)

(13)

(14)

In order to facilitate the commencement of the European
Small Claims Procedure, the claimant should make an
application by filling in a standard claim form and lodg-
ing it with the court or tribunal. The claim form should
be submitted only to a court or tribunal
that has
jurisdiction.

The claim form should be accompanied, where appropri-
ate, by any relevant supporting documents. However, this
does not prevent the claimant from submitting, where
appropriate, further evidence during the procedure. The
same principle should apply to the response by the
defendant.

The concepts of ‘clearly unfounded’ in the context of the
dismissal of a claim and of ‘inadmissible’ in the context of
the dismissal of an application should be determined in
accordance with national law.

The European Small Claims Procedure should be a writ-
ten procedure, unless an oral hearing is considered neces-
sary by the court or tribunal or a party so requests. The
court or tribunal may refuse such a request. Such refusal
may not be contested separately.

(15)

The parties should not be obliged to be represented by a
lawyer or another legal professional.

(16)

(17)

(18)

The concept of ‘counterclaim’ should be interpreted within
the meaning of Article 6(3) of Regulation (EC)
No 44/2001 as arising from the same contract or facts on
which the original claim was based. Articles 2 and 4 as
well as Article 5(3), (4) and (5) should apply, mutatis
mutandis, to counterclaims.

In cases where the defendant invokes a right of set-off dur-
ing the proceedings, such claim should not constitute a
counterclaim for the purposes of this Regulation. There-
fore, the defendant should not be obliged to use standard
Form A, as set out in Annex I, for invoking such a right.

The Member State addressed for the purposes of the appli-
cation of Article 6 is the Member State where service is to
be effected or to where the document is to be dispatched.
In order to reduce costs and delays, documents should be
served on the parties primarily by postal service attested
by an acknowledgment of receipt, including the date of
receipt.

(19) A party may refuse to accept a document at the time of
service or by returning the document within one week if
it is not written in, or accompanied by a translation into,
the official language of the Member State addressed (or, if
there are several official languages in that Member State,
the official language or one of the official languages of the
place where service is to be effected or to where the docu-
is to be dispatched) or a language which the
ment
addressee understands.

31.7.2007

EN

Official Journal of the European Union

L 199/3

In the context of oral hearings and the taking of evidence,
the Member States should encourage the use of modern
communication technology subject to the national law of
the Member State where the court or tribunal is situated.
The court or tribunal should use the simplest and least
costly method of taking evidence.

(30)

In order to facilitate recognition and enforcement, a judg-
ment given in a Member State in the 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.

The practical assistance to be made available to the par-
ties should include technical information concerning the
availability and the filling in of the forms.

(31)

There should be minimum standards for the review of a
judgment in situations where the defendant was not able
to contest the claim.

(20)

(21)

(22)

The information about procedural questions can also be
given by the court or tribunal staff in accordance with
national law.

(23) As the objective of this Regulation is to simplify and speed
up litigation concerning small claims in cross-border cases,
the court or tribunal should act as soon as possible even
when this Regulation does not prescribe any time limit for
a specific phase of the procedure.

(24)

(25)

For the purposes of calculating time limits as provided for
in this Regulation, Regulation (EEC, Euratom) No 1182/71
of the Council of 3 June 1971 determining the rules appli-
cable to periods, dates and time limits (1) should apply.

In order to speed up the recovery of small claims, the judg-
ment should be enforceable notwithstanding any possible
appeal and without the condition of the provision of a
security except as provided for in this Regulation.

(26) Any reference in this Regulation to an appeal should
include any possible means of appeal available under
national law.

(27)

The court or tribunal must include a person qualified to
serve as a judge in accordance with national law.

(28) Whenever the court or tribunal is required to set a time
limit, the party concerned should be informed of the con-
sequences of not complying with it.

(29)

The unsuccessful party should bear the costs of the pro-
ceedings. The costs of the proceedings should be deter-
mined in accordance with national law. Having regard to
the objectives of simplicity and cost-effectiveness, the
court or tribunal should order that an unsuccessful party
be obliged to pay only the costs of the proceedings, includ-
ing for example any costs resulting from the fact that the
other party was represented by a lawyer or another legal
professional, or any costs arising from the service or trans-
lation of documents, which are proportionate to the value
of the claim or which were necessarily incurred.

(32) Having regard to the objectives of simplicity and cost-
effectiveness, the party seeking enforcement shall not be
required to have an authorised representative or a postal
address in the Member State of enforcement, other than
with agents having competence for the enforcement pro-
cedure in accordance with the national law of that Mem-
ber State.

(33)

(34)

(35)

(36)

Chapter III of this Regulation should also apply to the
determination of costs and expenses made by officers of
the court or tribunal due to a judgment given pursuant to
the procedure specified in this Regulation.

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 con-
ferred on the Commission (2).

In particular, power should be conferred on the Commis-
sion to adopt measures necessary to update or make tech-
nical amendments to the forms set out in the Annexes.
Since those measures are of general scope and are designed
to amend non-essential elements of this Regulation and/or
to supplement this Regulation by the addition of new non-
essential elements, they should be adopted in accordance
with the regulatory procedure with scrutiny provided for
in Article 5a of Decision 1999/468/EC.

Since the objectives of this Regulation, namely, the estab-
lishment of a procedure to simplify and speed up litiga-
tion concerning small claims in cross-border cases, and to
reduce costs, cannot be sufficiently achieved by the Mem-
ber States and can therefore, by reason of the scale and
effects of this Regulation, be better achieved at Commu-
nity level, the Community may adopt measures in accor-
dance 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 Regula-
tion does not go beyond what is necessary to achieve those
objectives.

(1) OJ L 124, 8.6.1971, p. 1.

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

L 199/4

EN

Official Journal of the European Union

31.7.2007

(37)

(38)

In accordance with Article 3 of the Protocol on the posi-
tion of the United Kingdom and Ireland annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, the United Kingdom and Ire-
land have given notice of their wish to take part in the
adoption and application of this Regulation.

(b)

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

(c) bankruptcy, proceedings relating to the winding-up of insol-
judicial arrange-

vent companies or other legal persons,
ments, compositions and analogous proceedings;

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark does not take part in the adoption
of this Regulation and is not bound by it or subject to its
application,

(d)

social security;

(e) arbitration;

(f)

employment law;

HAVE ADOPTED THIS REGULATION:

(g)

tenancies of immovable property, with the exception of
actions on monetary claims; or

CHAPTER I

(h) violations of privacy and of rights relating to personality,

including defamation.

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 Pro-
cedure), intended to simplify and speed up litigation concerning
small claims in cross-border cases, and to reduce costs. The Euro-
pean Small Claims Procedure shall be available to litigants as an
alternative to the procedures existing under the laws of the Mem-
ber States.

This Regulation also eliminates the intermediate proceedings nec-
essary to enable recognition and enforcement, in other Member
States, of judgments given in one Member State in the European
Small Claims Procedure.

Article 2

Scope

1.
This Regulation shall apply, in cross-border cases, to civil
and commercial matters, whatever the nature of the court or tri-
bunal, where the value of a claim does not exceed EUR 2 000 at
the time when the claim form is received by the court or tribu-
nal with jurisdiction, excluding all interest, expenses and dis-
bursements. 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).

2.

This Regulation shall not apply to matters concerning:

(a)

the status or legal capacity of natural persons;

In this Regulation, the term ‘Member State’ shall mean

3.
Member States with the exception of Denmark.

Article 3

Cross-border cases

1.
For the purposes of this Regulation, a cross-border case is
one in which at least one of the parties is domiciled or habitu-
ally resident in a Member State other than the Member State of
the court or tribunal seised.

Domicile

2.
Articles 59 and 60 of Regulation (EC) No 44/2001.

shall be determined in accordance with

3.
The relevant moment for determining whether there is a
cross-border case is the date on which the claim form is received
by the court or tribunal with jurisdiction.

CHAPTER II

THE EUROPEAN SMALL CLAIMS PROCEDURE

Article 4

Commencement of the Procedure

1.
The claimant shall commence the European Small Claims
Procedure by filling in standard claim Form A, as set out in
Annex I, and lodging it with the court or tribunal with jurisdic-
tion directly, by post or by any other means of communication,
such as fax or e-mail, acceptable to the Member State in which
the procedure is commenced. The claim form shall include a
description of evidence supporting the claim and be accompa-
nied, where appropriate, by any relevant supporting documents.

31.7.2007

EN

Official Journal of the European Union

L 199/5

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

4. Within 14 days of receipt of the response from the defen-
dant, the court or tribunal shall dispatch a copy thereof, together
with any relevant supporting documents to the claimant.

3. Where a claim is outside the scope of this Regulation, the
court or tribunal shall inform the claimant to that effect. Unless
the claimant withdraws the claim, the court or tribunal shall pro-
ceed with it in accordance with the relevant procedural law appli-
cable in the Member State in which the procedure is conducted.

If, in his response, the defendant claims that the value of a
5.
non-monetary claim exceeds the limit set out in Article 2(1), the
court or tribunal shall decide within 30 days of dispatching the
response to the claimant, whether the claim is within the scope
of this Regulation. Such decision may not be contested separately.

4. Where the court or tribunal considers the information pro-
vided by the claimant to be inadequate or insufficiently clear or
if the claim form is not filled in properly, it shall, unless the claim
appears to be clearly unfounded or the application inadmissible,
give the claimant the opportunity to complete or rectify the claim
form or to supply supplementary information or documents or
to withdraw the claim, within such period as it specifies. The
court or tribunal shall use standard Form B, as set out in Annex II,
for this purpose.

6.
Any counterclaim, to be submitted using standard Form A,
and any relevant supporting documents shall be served on the
claimant in accordance with Article 13. Those documents shall
be dispatched within 14 days of receipt.

The claimant shall have 30 days from service to respond to any
counterclaim.

Where the claim appears to be clearly unfounded or the applica-
tion inadmissible or where the claimant fails to complete or rec-
tify the claim form within the time specified, the application shall
be dismissed.

7.
If the counterclaim exceeds the limit set out in Article 2(1),
the claim and counterclaim shall not proceed in the European
Small Claims Procedure but shall be dealt with in accordance
with the relevant procedural law applicable in the Member State
in which the procedure is conducted.

5. Member States shall ensure that the claim form is available
at all courts and tribunals at which the European Small Claims
Procedure can be commenced.

Articles 2 and 4 as well as paragraphs 3, 4 and 5 of this Article
shall apply, mutatis mutandis, to counterclaims.

Article 5

Conduct of the Procedure

Article 6

Languages

1.
The European Small Claims Procedure shall be a written
procedure. The court or tribunal shall hold an oral hearing if it
considers this to be necessary or if a party so requests. The court
or tribunal may refuse such a request if it considers that with
regard to the circumstances of the case, an oral hearing is obvi-
ously not necessary for the fair conduct of the proceedings. The
reasons for refusal shall be given in writing. The refusal may not
be contested separately.

2.
After receiving the properly filled in claim form, the court
or tribunal shall fill in Part I of the standard answer Form C, as
set out in Annex III.

A copy of the claim form, and, where applicable, of the support-
ing documents, together with the answer form thus filled in, shall
be served on the defendant in accordance with Article 13. These
documents shall be dispatched within 14 days of receiving the
properly filled in claim form.

The defendant shall submit his response within 30 days of
3.
service of the claim form and answer form, by filling in Part II of
standard answer Form C, accompanied, where appropriate, by
any relevant supporting documents, and returning it to the court
or tribunal, or in any other appropriate way not using the answer
form.

1.
The claim form, the response, any counterclaim, any
response to a counterclaim and any description of relevant sup-
porting documents shall be submitted in the language or one of
the languages of the court or tribunal.

2.
If any other document received by the court or tribunal is
not in the language in which the proceedings are conducted, the
court or tribunal may require a translation of that document only
if the translation appears to be necessary for giving the judgment.

3. Where a party has refused to accept a document because it
is not in either of the following languages:

(a)

the official language of the Member State addressed, or, if
there are several official languages in that Member State, the
official language or one of the official languages of the place
where service is to be effected or to where the document is
to be dispatched; or

(b) a language which the addressee understands,

the court or tribunal shall so inform the other party with a view
to that party providing a translation of the document.

L 199/6

EN

Official Journal of the European Union

31.7.2007

Article 7

Conclusion of the Procedure

Article 11

Assistance for the parties

1. Within 30 days of receipt of the response from the defen-
dant or the claimant within the time limits laid down in
Article 5(3) or (6), the court or tribunal shall give a judgment,
or:

(a) demand further details concerning the claim from the par-
ties within a specified period of time, not exceeding 30 days;

The Member States shall ensure that the parties can receive prac-
tical assistance in filling in the forms.

Article 12

Remit of the court or tribunal

(b)

take evidence in accordance with Article 9; or

The court or tribunal shall not require the parties to make

1.
any legal assessment of the claim.

(c)

summon the parties to an oral hearing to be held within
30 days of the summons.

If necessary, the court or tribunal shall inform the parties

2.
about procedural questions.

2.
The court or tribunal shall give the judgment either within
30 days of any oral hearing or after having received all informa-
tion necessary for giving the judgment. The judgment shall be
served on the parties in accordance with Article 13.

3.
If the court or tribunal has not received an answer from
the relevant party within the time limits laid down in Article 5(3)
or (6), it shall give a judgment on the claim or counterclaim.

Article 8

Oral hearing

The court or tribunal may hold an oral hearing through video
conference or other communication technology if the technical
means are available.

Article 9

Taking of evidence

1.
The court or tribunal shall determine the means of taking
evidence and the extent of the evidence necessary for its judg-
ment under the rules applicable to the admissibility of evidence.
The court or tribunal may admit the taking of evidence through
written statements of witnesses, experts or parties. It may also
admit the taking of evidence through video conference or other
communication technology if the technical means are available.

2.
The court or tribunal may take expert evidence or oral tes-
timony only if it is necessary for giving the judgment. In making
its decision, the court or tribunal shall take costs into account.

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

Article 13

Service of documents

Documents shall be served by postal service attested by an

1.
acknowledgement of receipt including the date of receipt.

2.
If service in accordance with paragraph 1 is not possible,
service may be effected by any of the methods provided for in
Articles 13 or 14 of Regulation (EC) No 805/2004.

Article 14

Time limits

1. Where the court or tribunal sets a time limit, the party con-
cerned shall be informed of the consequences of not complying
with it.

2.
The court or tribunal may extend the time limits provided
for in Article 4(4), Article 5(3) and (6) and Article 7(1), in excep-
tional circumstances, if necessary in order to safeguard the rights
of the parties.

3.
If, in exceptional circumstances, it is not possible for the
court or tribunal to respect the time limits provided for in
Article 5(2) to (6) and Article 7, it shall take the steps required
by those provisions as soon as possible.

The court or tribunal shall use the simplest and least bur-

3.
densome method of taking evidence.

Article 15

Enforceability of the judgment

Article 10

Representation of parties

The judgment shall be enforceable notwithstanding any
1.
possible appeal. The provision of a security shall not be required.

Representation by a lawyer or another legal professional shall
not be mandatory.

2.
Article 23 shall also apply in the event that the judgment
is to be enforced in the Member State where the judgment was
given.

31.7.2007

EN

Official Journal of the European Union

L 199/7

Article 16

Costs

CHAPTER III

RECOGNITION AND ENFORCEMENT IN ANOTHER MEMBER
STATE

The unsuccessful party shall bear the costs of the proceedings.
However, the court or tribunal shall not award costs to the suc-
cessful party to the extent that they were unnecessarily incurred
or are disproportionate to the claim.

Article 20

Recognition and enforcement

Article 17

Appeal

1. Member States shall inform the Commission whether an
appeal is available under their procedural law against a judgment
given in the European Small Claims Procedure and within what
time limit such appeal shall be lodged. The Commission shall
make that information publicly available.

2.

Article 16 shall apply to any appeal.

Article 18

Minimum standards for review of the judgment

1.
The defendant shall be entitled to apply for a review of the
judgment given in the European Small Claims Procedure before
the court or tribunal with jurisdiction of the Member State where
the judgment was given where:

(a)

(i)

the claim form or the summons to an oral hearing were
served by a method without proof of receipt by him
personally, as provided for in Article 14 of Regulation
(EC) No 805/2004; and

(ii)

service was not effected in sufficient time 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 circum-
stances without any fault on his part,

provided in either case that he acts promptly.

2.
If the court or tribunal rejects the review on the basis that
none of the grounds referred to in paragraph 1 apply, the judg-
ment shall remain in force.

A judgment given in a Member State in the European Small
1.
Claims Procedure shall be recognised and enforced in another
Member State without the need for a declaration of enforceabil-
ity and without any possibility of opposing its recognition.

2.
At the request of one of the parties, the court or tribunal
shall issue a certificate concerning a judgment in the European
Small Claims Procedure using standard Form D, as set out in
Annex IV, at no extra cost.

Article 21

Enforcement procedure

1. Without prejudice to the provisions of this Chapter, the
enforcement procedures shall be governed by the law of the
Member State of enforcement.

Any judgment given in the European Small Claims Procedure
shall be enforced under the same conditions as a judgment given
in the Member State of enforcement.

2.

The party seeking enforcement shall produce:

(a) a copy of the judgment which satisfies the conditions neces-

sary to establish its authenticity; and

(b) a copy of the certificate referred to in Article 20(2) and,
where necessary, the translation thereof into the official lan-
guage of the Member State of enforcement or, if there are
several official languages in that Member State, the official
language or one of the official languages of court or tribu-
nal proceedings of the place where enforcement is sought
in conformity with the law of that Member State, or into
another language that the Member State of enforcement has
indicated it can accept. Each Member State may indicate the
official language or languages of the institutions of the Euro-
pean Union other than its own which it can accept for the
European Small Claims Procedure. The content of Form D
shall be translated by a person qualified to make transla-
tions in one of the Member States.

If the court or tribunal decides that the review is justified for one
of the reasons laid down in paragraph 1, the judgment given in
the European Small Claims Procedure shall be null and void.

The party seeking the enforcement of a judgment given in
3.
the European Small Claims Procedure in another Member State
shall not be required to have:

Article 19

(a) an authorised representative; or

Applicable procedural law

(b) a postal address

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.

in the Member State of enforcement, other than with agents hav-
ing competence for the enforcement procedure.

L 199/8

EN

Official Journal of the European Union

31.7.2007

No security, bond or deposit, however described, shall be
4.
required of a party who in one Member State applies for enforce-
ment of a judgment given in the European Small Claims Proce-
dure in another Member State on the ground that he is a foreign
national or that he is not domiciled or resident in the Member
State of enforcement.

CHAPTER IV

FINAL PROVISIONS

Article 24

Information

Article 22

Refusal of enforcement

Enforcement shall, upon application by the person against
1.
whom enforcement is sought, be refused by the court or tribu-
nal with jurisdiction in the Member State of enforcement if the
judgment given in the European Small Claims Procedure is irrec-
oncilable with an earlier judgment given in any Member State or
in a third country, provided that:

The Member States shall cooperate to provide the general public
and professional circles with information on the European Small
Claims Procedure, including costs, in particular by way of the
European Judicial Network in Civil and Commercial Matters
established in accordance with Decision 2001/470/EC.

Article 25

Information relating to jurisdiction, means of
communication and appeals

(a)

the earlier judgment involved the same cause of action and
was between the same parties;

By 1 January 2008 the Member States shall communicate

1.
to the Commission:

(b)

the earlier judgment was given in the Member State of
enforcement or fulfils the conditions necessary for its recog-
nition in the Member State of enforcement; and

(c)

the irreconcilability was not and could not have been raised
as an objection in the court or tribunal proceedings in the
Member State where the judgment in the European Small
Claims Procedure was given.

Under no circumstances may a judgment given in the Euro-
2.
pean Small Claims Procedure be reviewed as to its substance in
the Member State of enforcement.

(a) which courts or tribunals have jurisdiction to give a judg-

ment in the European Small Claims Procedure;

(b) which means of communication are accepted for the pur-
poses of the European Small Claims Procedure and available
to the courts or tribunals in accordance with Article 4(1);

(c) whether an appeal is available under their procedural law in
accordance with Article 17 and with which court or tribu-
nal this may be lodged;

(d) which languages are accepted pursuant to Article 21(2)(b);

and

Article 23

Stay or limitation of enforcement

(e) which authorities have competence with respect to enforce-
ment and which authorities have competence for the pur-
poses of the application of Article 23.

Where a party has challenged a judgment given in the European
Small Claims Procedure or where such a challenge is still pos-
sible, or where a party has made an application for review within
the meaning of Article 18, the court or tribunal with jurisdiction
or the competent authority in the Member State of enforcement
may, upon application by the party against whom enforcement
is sought:

Member States shall apprise the Commission of any subsequent
changes to this information.

The Commission shall make the information notified in
2.
accordance with paragraph 1 publicly available through publica-
tion in the Official Journal of the European Union and through any
other appropriate means.

(a)

limit the enforcement proceedings to protective measures;

Article 26

Implementing measures

(b) make enforcement conditional on the provision of such

security as it shall determine; or

(c) under exceptional circumstances, stay the enforcement

proceedings.

The measures designed to amend non-essential elements of this
Regulation, including by supplementing it, relating to updates or
technical amendments to the forms in the Annexes shall be
adopted in accordance with the regulatory procedure with scru-
tiny referred to in Article 27(2).

31.7.2007

EN

Official Journal of the European Union

L 199/9

Article 27

Committee

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Article 5a(1)
to (4), and Article 7 of Decision 1999/468/EC shall apply, hav-
ing regard to the provisions of Article 8 thereof.

Article 28

Review

By 1 January 2014, the Commission shall present to the Euro-
pean Parliament, the Council and the European Economic and
Social Committee a detailed report reviewing the operation of
the European Small Claims Procedure, including the limit of the
value of the claim referred to in Article 2(1). That report shall
contain an assessment of the procedure as it has operated and
an extended impact assessment for each Member State.

To that end and in order to ensure that best practice in the Euro-
pean Union is duly taken into account and reflects the principles
of better legislation, Member States shall provide the Commis-
sion with information relating to the cross-border operation of
the European Small Claims Procedure. This information shall
cover court fees, speed of the procedure, efficiency, ease of use
and the internal small claims procedures of the Member States.

The Commission’s report shall be accompanied, if appropriate,
by proposals for adaptation.

Article 29

Entry into force

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

It shall apply from 1 January 2009, with the exception of
Article 25, which shall apply from 1 January 2008.

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

Done at Strasbourg, 11 July 2007.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
M. LOBO ANTUNES

L 199/10

EN

Official Journal of the European Union

31.7.2007

ANNEX I

31.7.2007

EN

Official Journal of the European Union

L 199/11

L 199/12

EN

Official Journal of the European Union

31.7.2007

31.7.2007

EN

Official Journal of the European Union

L 199/13

L 199/14

EN

Official Journal of the European Union

31.7.2007

31.7.2007

EN

Official Journal of the European Union

L 199/15

L 199/16

EN

Official Journal of the European Union

31.7.2007

31.7.2007

EN

Official Journal of the European Union

L 199/17

ANNEX II

L 199/18

EN

Official Journal of the European Union

31.7.2007

31.7.2007

EN

Official Journal of the European Union

L 199/19

ANNEX III

L 199/20

EN

Official Journal of the European Union

31.7.2007

31.7.2007

EN

Official Journal of the European Union

L 199/21

ANNEX IV

L 199/22

EN

Official Journal of the European Union

31.7.2007