Recent Reports

European standardization of civil procedures – EU council’s regulation on “small claims”




European standardization of civil procedures – EU council’s regulation on “small claims”

On 13 June 2007 the ministers of justice of the European Union’s member states agreed on a regulation standardizing the national civil procedures for “small claims”. Cross-border fee-based claims up to a value of dispute of € 2’000 shall be asserted effectively with this sandardized procedural law.

Through the new regulation, which will become effective as of 01 January 2009, standardized european civil procedures will be applicable in all EU member states apart from Denmark.

Plaintiffs will be able to choose either the applicable national procedures or the new standardized euopean procedures, as stated in the “small claims” regulation, when sueing a natural or judicial person based/residing outside the plaintiff’s contry of residence.

Due to the newly established european civil proceedings, the German court procedure on “Declaration of enforceability” of foreign verdicts will become obsolete and is to be abolished. Courts’ verdicts on law suits based on the new standardized procedures effective from 2009 will be appealable at German appellate courts just like decisions based on national procedures, if ever the general legal requirements for the appellation are met.

However, one must note that the new EU-regulation will not be applicable on all types of civil law suits. Disputes on labor law, law of inheritance, or family law issues remain subject of the existing national civil procedures.