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Commission takes action to improve EU Small Claims Procedure

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P016881000902On 19 November, the Commission will present a revision of the 2007 Small Claims Procedure, which was set up to resolve small civil and commercial disputes in a hassle-free way.

Having listened to businesses and to consumers, the European Commission is taking action to make the procedure simpler, less costly and more relevant.

The European Small Claims Procedure (Regulation (EC) No 861/2007) aims to improve access to justice by simplifying cross-border small claims litigation in civil and commercial matters and reducing costs. It was especially conceived to help consumers enforce their rights and ensure access to justice in cross-border cases. The mechanism was adopted in 2007 and first entered into application on 1 January 2009.

'Small claims' are cases concerning sums of €2,000 or less, excluding interest, expenses and disbursements (at the time when the claim form is received by the competent court). The judgment is made in the country of residence of the consumer, or in the country of the defending company should the consumer so choose. It protects his/her procedural rights and becomes directly enforceable in the country of the losing party and in any other EU country. The procedure is conducted mostly in writing using pre-defined forms. Representation by a lawyer is not required.

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