How can I start a court case in another EU country (ESCP)?
Do you have a legal (consumer) issue with a party in another EU country? And has it not been possible to settle the matter out of court? The European Union offers a number of options to make it easier to start legal proceedings. One of these options is the European Small Claims Procedure (ESCP).
The European Small Claims Procedure
The Small Claims Procedure is a fairly simple process by means of which you ask the judge to adjudicate an issue. The judge then rules on your claim. The procedure is available to consumers, businesses and organisations. A lawsuit is the last resort if it is not possible to resolve the problem otherwise.
You can find more information about these and other European procedures via the European e-Justice portal.
What are the advantages of the European Small Claims Procedure?
The goal of the European Small Claims Procedure (ESCP) is to make legal proceedings more accessible. The advantages of the ESCP are that:
- it can be conducted in all EU countries (except Denmark)
- it offers judgements that are valid in all EU countries (except Denmark)
- it is often less expensive than other procedures. It is, therefore, a good option if your claim involves a relatively small sum of money
- it is often easier than other procedures. The procedure makes use of standard forms you can complete yourself. You do not need a lawyer to do this for you (but you can hire one if you want)
- it is often faster than other procedures. If there is no need for further details or a hearing, then you will receive the court's judgment within 60 days
- it almost always takes place entirely in writing. Do you want to speak to the judge, or does the judge want to speak to you? Then this usually happens via a video call, so you do not need to attend court. You can deal with the matter from your home.
What are the conditions for starting a European Small Claims Procedure?
- You and the defendant are located in different EU countries (except Denmark).
- You are claiming a maximum value of €5000. It can concern a monetary payment or the supply of a product or service worth up to €5000.
- Your issue falls into the 'civil and commercial matters' category. In practice, this applies to almost all consumer matters. Some cases in this category cannot be reviewd by the court through this procedure. You can find the exceptions below.
- You are a consumer, business, or organisation. The Small Claims Procedure is also an option for self-employed contractors and SMEs. Have you purchased a product or service from someone living in another EU country through Vinted, for example? Then you can also claim compensation through this procedure.
- You file the claim with a court with the authority to hear your case. This is called 'jurisdiction'.
- You commence the claim in a timely fashion. You cannot commence legal proceedings after a certain period of time. The matter is then time-barred. This period, the limitation period, varies from one EU country to another.
Which matters are excluded from this procedure?
The Small Claims Procedure is not intended for issues relating to family law, bankruptcy, social security, employment law, or tenancy and the letting of immovable property, for example. Does your claim concern one of these matters? Then you can bring a regular lawsuit via the subdistrict court.
How do I know which court can hear my case?
Are you going to start a European Small Claims Procedure? Then you need to know which court can hear your case. In legal terms: the court must have 'jurisdiction'. Whether the court has jurisdiction to hear your case depends on several things. An example is the country in which you are filing the claim. The claim may also be found too complex for this procedure.
There are usually two options with the European Small Claims Procedure:
- You file the claim with a court in your country
- You file the claim with a court in the defendant's country
Bear in mind that you must submit the form and supporting documents in the language of the court. Do you wish to communicate in Dutch? Then it is better to file a claim in the Netherlands. This is possible with consumer issues if the foreign business clearly targets Dutch customers. An example would be an online shop that ends with ‘.nl’ or advertisements that are written in Dutch.
In the case of airline tickets, you can choose where to commence proceedings. This can be done in the EU country where the airline is based or in the EU country where your flight would take off or land as scheduled.
Are you filing a claim in the defendant's country? Then you should also take possible translation costs into account. It is not required to have the forms translated by an authorised translator. However, that is advisable. The judge must be able to understand your claim.
In some cases, it is advantageous to file the claim in another EU country because the court fees there are lower there than in the Netherlands, for example.
#country-european-small-claims-procedure
Is your case very complex? Then the court may consider that the European Small Claims Procedure is not the right option. The court may propose a different type of procedure. That hardly ever happens, however.
#complex-case-small-claims-procedure
Costs
Have you decided to invoke the European Small Claims Procedure? Then there are various costs you need to bear in mind. These costs are often reimbursed if you win the claim.
Court fees are the costs you pay the court for handling your case. Have you not paid these costs or paid them too late? Then, there is a strong likelihood the court will not hear your claim.
The costs depend on:
- The value of the sum the claim concerns
- Your income
- The court that is handling your claim
You can find the court fees in the Netherlands on De Rechtspraak website. You can find more information about court fees in other EU countries via the European e-Justice portal. The European Consumer Centre is happy to assist you with this.
#court-fees-european-small-claims-procedure
You must submit the form and supporting documents in the language of the court. Are you submitting the claim to a court in another EU country? Then take translation costs into account. It is not required to use an official translator. Still, it is often advisable. The judge must be able to understand your form and supporting documents to make a ruling. You can also contact the court before filing the case. Ask whether it is necessary to translate all the supporting documents, for example. You can also ask whether it is possible to conduct proceedings in English.
#translation-costs-european-small-claims-procedure
A hearing is an appointment where you can present your case to the judge orally. A hearing sometimes costs money, such as a fee for a report by a subject matter expert or translation costs for additional documents.
The European Small Claims Procedure does not normally involve a hearing. The procedure can take place entirely in writing. Would you like to speak to the judge? Then you can request this on the form.
The judge may also decide to speak to you. This could be because it concerns a very complex matter. The judge knows a hearing can incur costs and will, therefore, not take this decision lightly.
#hearing-european-small-claims-procedure
An advantage of the European Small Claims Procedure is that you do not need a bailiff to serve the defendant with a summons (an order to cooperate with legal proceedings). The court will contact the defendant on your behalf. The judge can also make a ruling if the defendant does not respond.
Has the judge ruled in your favour, but is the defendant refusing to pay voluntarily? Then you sometimes have to engage a bailiff to collect this money. The bailiff needs the court's judgement for this.
#bailiff-european-small-claims-procedure
Has the judge ruled in your favour? In that case, the judge may rule that the defendant must compensate you for the costs you have incurred.
However, these costs must be proportionate to the value of your claim. The costs must also have been necessary. Because you can invoke the European Small Claims Procedure without a lawyer, the judge often does not consider the costs of a lawyer to be necessary.
#cost-compensation-european-small-claims-procedure
How can the ECC help me?
Are you a consumer and do you have an issue with a seller from another EU country? The European Consumer Centre (ECC) can assist you free of charge. The ECC offers mediation between you and the seller. We succeed in resolving most complaints via this mediation process. Was the mediation unsuccessful? Then we can help you bring the case to court through the European Small Claims Procedure.