What is the European Small Claims Procedure?
The European Small Claims Procedure is a simplified court process designed to resolve certain cross-border civil and commercial disputes within the European Union. It is governed by Regulation (EC) No 861/2007, as amended by Regulation (EU) 2015/2421. The procedure is intended to make it easier for individuals and businesses to pursue relatively low-value claims against parties located in another EU country.
The procedure may generally be used where the value of the claim does not exceed EUR 5,000, excluding interest, expenses and disbursements, at the time the claim form is received by the competent court. This threshold follows Article 2 of Regulation (EC) No 861/2007. A case is cross-border where at least one party is domiciled or habitually resident in an EU Member State other than the Member State of the court hearing the case.
The European Small Claims Procedure applies in EU Member States except Denmark. It is available for civil and commercial matters, including selected disputes arising from contracts, unpaid invoices, consumer transactions, damage claims or cross-border services. It does not apply to certain matters, such as revenue, customs and administrative matters, family law, inheritance, social security, insolvency, arbitration, employment law claims, or most disputes concerning leases of immovable property.
How does the European Small Claims Procedure work?
The proceedings usually begin by submitting a standard claim form to the court with jurisdiction over the dispute. The claimant should describe the claim, identify the defendant, provide the relevant evidence and state the amount sought. The European Commission provides standard forms for this purpose, although national procedural requirements may still apply in areas not regulated directly by the EU Regulation.
The procedure is primarily conducted in writing. The court may request additional documents, invite the parties to clarify their positions or order an oral hearing where necessary. Hearings may be conducted using distance communication technology, such as videoconferencing, where this is available and appropriate. The defendant is generally given 30 days to submit a response after receiving the claim form, in accordance with Article 5 of Regulation (EC) No 861/2007.
A judgment issued under the European Small Claims Procedure is recognised and enforceable in other participating EU Member States without the need for a separate declaration of enforceability. This can be particularly important where a creditor obtains a judgment in one country but the debtor has assets, a registered office or a place of residence in another Member State.
When is it worth using the European Small Claims Procedure?
The procedure may be useful where a Polish business has not been paid by a customer established in another EU Member State, where a consumer seeks compensation from a foreign trader, or where a service provider has a cross-border dispute over an invoice, delivery, refund or contractual performance.
It can also be considered when the amount in dispute is too low to justify lengthy and costly litigation abroad, but the claimant still needs a formal and enforceable court decision. The simplified forms and written nature of the procedure may reduce some practical barriers associated with cross-border litigation. However, the case may still require careful preparation, particularly where the dispute concerns jurisdiction, applicable law, contractual evidence, service of documents or enforcement abroad.
A prompt legal assessment can help determine whether the European Small Claims Procedure is available and whether it is the most effective route. Filing a claim before the wrong court, using incomplete documentation or relying on an incorrect legal basis may delay the proceedings, increase costs or make enforcement more difficult. In some cases, other instruments, such as a European Order for Payment, ordinary court proceedings or mediation, may be more suitable.
Legal support in European Small Claims Procedure matters
Legal support in matters involving the European Small Claims Procedure may include in particular:
- assessing whether the claim meets the cross-border and value requirements;
- determining the court with international and local jurisdiction;
- reviewing contracts, invoices, correspondence and other evidence;
- preparing or reviewing the standard claim form and supporting documents;
- responding to a claim brought by a foreign claimant;
- assessing the applicable law and possible defences;
- representing a party in hearings, including remote hearings where available;
- supporting recognition and enforcement of a judgment in another EU Member State.
Need assistance with a European Small Claims Procedure matter? Contact us.