Last checked : 14/09/2018

European Small Claims procedure

UK decision to invoke Article 50 of the TEU: More information

As of 30 March 2019, all EU law will cease to apply to the UK, unless a ratified withdrawal agreement establishes another date, or the European Council and the UK decide unanimously to extend the two-year negotiation period. For more information about the legal repercussions for businesses:

What is it for?

You can use the European Small Claims Procedure to make a claim against:

The procedure covers claims up to EUR 5 000 (excluding expenses) in any EU country except for Denmark.

The European Small Claims Procedure is an alternative to national procedures. A judgment for this procedure is recognised and enforceable in another EU country  and cannot be opposed (unless there are inconsistences with an existing judgment in the other EU country between the same parties).

Advantages:

How much does it cost?

You will usually have to pay a court fee which will be reimbursed if your case is successful.

In cross-border cases, you may also have to pay for forms to be translated. This cost will be reimbursed if your case is successful.

How does the claim procedure work?

You can make a claim using the small claims forms.

  1. Fill out Form A and send it to the court that has the jurisdiction over the claim. This could be in the country where your business is established or in the other EU country concerned.
  2. Once the court receives the application form it must fill in its part of the answer form.
  3. The court may ask you to fill in form B if they think you need to add more information.
  4. Within 14 days of receiving the application form, the court must serve a copy of it — along with the answer form — to the defendant.
  5. The defendant has to fill out their part of the answer form within 30 days.
  6. The court must send you a copy of any reply within 14 days.
  7. The court has 30 days after receiving the defendant's answer (if any) to:

Outcome of the claim and enforcement

The enforcement authorities will enact the decision following national rules.

A court can only refuse to enforce the judgement if it's incompatible with a previous judgement between your company and the defendant on the same issue.

The judgment will be valid for all EU countries, except Denmark.

Learn more about the European Small Claims Procedure

You can read more about how to make a claim in the comprehensive user guide.

Related topics

EU legislation

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European Small Claims Procedure

Settle disputes with suppliers or clients from another EU country, for claims up to EUR 2 000.

Local business support - Do you have questions on operating a business cross-border, for example exporting or expanding to another EU country? If so, the Enterprise Europe Network can give you free advice.

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