CELEX: 62017CA0554
Language: en
Date: 2019-02-14 00:00:00
Title: Case C-554/17: Judgment of the Court (Third Chamber) of 14 February 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Rebecka Jonsson v Société du Journal L’Est Républicain (Reference for a preliminary ruling — Judicial cooperation in civil matters — European small claims procedure — Regulation (EC) No 861/2007 — Article 16 — ‘Unsuccessful party’ — Costs of proceedings — Apportionment — Article 19 — Procedural law of the Member States)

8.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/9
            
         
      Judgment of the Court (Third Chamber) of 14 February 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Rebecka Jonsson v Société du Journal L’Est Républicain
      (Case C-554/17) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - European small claims procedure - Regulation (EC) No 861/2007 - Article 16 - ‘Unsuccessful party’ - Costs of proceedings - Apportionment - Article 19 - Procedural law of the Member States)
      (2019/C 131/11)
      Language of the case: Swedish
      
         Referring court
      
      Svea hovrätt
      
         Parties to the main proceedings
      
      
         Applicant: Rebecka Jonsson
      
         Defendant: Société du Journal L’Est Républicain
      
         Operative part of the judgment
      
      Article 16 of Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure must be interpreted as not precluding national legislation under which, where a party succeeds only in part, the national court may order each of the parties to the proceedings to bear its own procedural costs or may apportion those costs between those parties. In such a situation, the national court remains, theoretically, free to apportion the amount of those costs, provided that the national procedural rules on the apportionment of procedural costs in small cross-border claims are not less favourable than the procedural rules governing similar situations subject to domestic law and that the procedural requirements relating to the apportionment of those procedural costs do not result in the persons concerned foregoing the use of that European small claims procedure by requiring an applicant, when he has been largely successful, nonetheless to bear his own procedural costs or a substantial portion of those costs.
      
         (1)  OJ C 402, 27.11.2017.