European small claims procedure: An opportunity for enhancing cross-border enforcement

03-10-2013

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including the European Small Claims Procedure (ESCP).

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including the European Small Claims Procedure (ESCP).