Share on LinkedInShare on LinkedIn

ARTICLE · 24 FEBRUARY 2020

European Small Claims Procedure

The ESCP is a written procedure that does not require, except if the Court orders so, a physical presence in Court.

European UnionLitigation, Mediation & Arbitration

Aiming to facilitate, simplify and minimize costs and time of the litigation procedure for cross-border claims in civil and commercial matters, the European Regulation 861/2007 ("the Regulation"), introduced the European Small Claims Procedure ("ESCP"), an alternative and optional procedure, existing alongside the EU countries' domestic laws and procedures.

  1. SCOPE OF APPLICATION AND COURT'S JURISDICTION

The ESCP applies in civil and commercial cross-border disputes, where the value of the claim does not exceed €5.000 at the time that the claim is filed at the Court with jurisdiction. For the purpose of the ESCP Regulation, a cross-border case is considered a claim in which at least one of the parties domicile or habitual residence is in a Member State other than the Member State of the Court having jurisdiction (except Denmark).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from