European Small Claims Procedure

Introduction date

In force 1 Jan 2009

Summary

The EC Commission published a proposal for a Regulation establishing a European Small Claims Procedure, and the Department for Constitutional Affairs consulted (to July 2005) on the proposed measure.

The proposed Regulation is intended to provide a simplified and speedy procedure for low-value claims (up to 2,000 euros) as an alternative to member states' schemes, and to abolish the special procedure needed to enable the recognition and enforcement of a judgment in another member state.

In Jun 2007, the Justice and Home Affairs Council adopted the final text of the Regulation establishing the new procedure, which specifies that the procedure should apply only to cross-border cases, rather than be available also for claims within individual member states, as originally proposed by the Commission.

A new Part 78 and accompanying practice direction have been added to the Civil Procedure Rules in respect of the new procedure.