Have you ever bought goods over the internet from a retailer in the European Union and been worried about what you could do if they did not arrive or were faulty?
It is not a very well known fact but our government signed up to a European Directive in 2007 to make it easier for one party to a dispute to take the other to court even though they are located in another European member state. Regulation (EC) No 861/2007 established a European Small Claims Procedure and has applied since 1 January 2009 to business and consumers alike. Its principle aim is to ensure access to justice by simplifying the whole cross boarder court process through the use of unified forms and by reducing matters to a paper procedure where possible. It applies to all European states with the exception of Denmark and strict time frames must be adhered to, to ensure that the dispute is efficiently managed.
European Small claims – what does this mean….?
Simply put, if for example you had a contractual dispute with a party based in the European Union, such as faulty goods being delivered and if you were not able to resolve the matter amicably perhaps via your bank, credit card or a service provider then under the European Small Claims Procedure (or ESCP) a consumer or business can start proceedings using a uniform court form. The ESCP only applies to claims up to the current value of €2000 and to disputes of a consumer and commercial nature. Whilst this description covers quite a wide variety of claims there are restrictions which apply and it is actually easier to list those which don’t.
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