EU legislation in progress: Reform of the European Small Claims Procedure

Open Access
Authors
Publication date 2015
Series Briefing, PE 557.014
Number of pages 8
Publisher Brussels: European Parliamentary Research Service
Organisations
  • Faculty of Law (FdR) - Centre for the Study of European Contract Law (CSECL)
Abstract
The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2 000. During the first five years of its existence, however, the ESCP has been used only rarely.
In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10 000, expand the definition of a 'cross-border case', increase the use of electronic communication, introduce a ceiling on court fees (10% of the claim's value) and oblige Member States to accept payment of court fees in electronic form.
In April 2015, Parliament's Legal Affairs Committee adopted its report. It proposes to rename the procedure the 'European Simplified Procedure' and raise the ceiling for claims to €5 000 against natural persons, and €10 000 against legal persons. It is against weakening the cross-border requirement, but would allow claims under labour law and privacy law to be included in the regulation. The Committee would also lower the ceiling for court fees from 10% to 5% of the claim's value.
Document type Report
Note May 2015
Language English
Published at http://www.europarl.europa.eu/RegData/etudes/BRIE/2015/557014/EPRS_BRI%282015%29557014_EN.pdf
Downloads
Rafal-Manko-Reform-of-the-ESCP-May-2015 (Final published version)
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