14 Mar 2016
Update: Regulation 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation 861/2007 and Regulation 1896/2006
What you have to know first ?
Regulation (EC) No 861/2007 of the European Parliament and of the Council established the European Small Claims Procedure.
That Regulation applied to both contested and uncontested cross-border civil and commercial claims of a value, who couldn’t exceed EUR 2 000.
It also ensures that the judgments given within this procedure are enforceable without any intermediate procedure, in particular without the need for a declaration of enforceability in the Member State of enforcement (It’s what we call “exequatur”).
Regulation (EC) No 1896/2006 established a European order for payment procedure.
That Regulation applies for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted.
It also ensures that the order for payment which has become enforceable in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.
You will find more information about these two regulations on other sections of the website.
What’s new in the Regulation 2015/2421 ?
Regulation (EC) No 861/2007 is amended as follows:
Here’s few examples:
A new value of claim:
The value of a claim cannot exceed EUR 5 000 (instead of EUR 2 000 before).
A simplified oral hearing:
Where an oral hearing is considered necessary, it shall be held by making use of any appropriate distance communication technology, such as videoconference or teleconference, available to the court or tribunal, unless the use of such technology, on account of the particular circumstances of the case, is not appropriate for the fair conduct of the proceedings.
A party summoned to be physically present at an oral hearing may request the use of distance communication technology, provided that such technology is available to the court or tribunal, on the grounds that the arrangements for being physically present, in particular as regards the possible costs incurred by that party, would be disproportionate to the claim.
A new article concerning court fees and methods of payment:
The court fees charged in a Member State for the European Small Claims Procedure shall not be disproportionate and shall not be higher than the court fees charged for national simplified court procedures in that Member State.
The Member States shall ensure that the parties can pay the court fees by means of distance payment methods which allow the parties to make the payment also from a Member State other than the Member State in which the court or tribunal is situated, by offering at least one of the following methods of payment: bank transfer; credit or debit card payment, direct debit from the claimant’s bank account’.
Regulation 1896/2006 is amended as follows:
New effects when the defendant lodges a statement of opposition:
If a statement of opposition is lodged, the proceedings shall continue before the competent courts of the Member State of origin.
The proceedings shall continue in accordance with the rules of:
The European Small Claims Procedure laid down in Regulation (EC) No 861/2007, if applicable
Or any appropriate national civil procedure.
The claimant may indicate to the court which, if any, of the procedures he requests to be applied to his claim in the subsequent civil proceedings in the event that the defendant lodges a statement of opposition against the European order for payment.
New rules with the court fees:
Where, in a Member State, the court fees for civil proceedings are equivalent to or higher than those of the European order for payment procedure, the total of the court fees for a European order for payment procedure and for the civil proceedings that ensue in the event of a statement of opposition, shall not exceed the fees for those proceedings without a preceding European order for payment procedure in that Member State.
The Regulation shall apply from 14 July 2017 with the exception of point (16) of Article 1, amending Article 25 of Regulation (EC) No 861/2007, which shall apply from 14 January 2017.
Nasser Merabet
Lawyer
avocat@nmerabet.fr