Small value claims in cross-border disputes should soon be more cost-effective, says Pablo Cortes
The European Council’s adoption of the proposal for a regulation establishing a European Small Claims Procedure (PE-CONS 3604/07), should ensure that from January next year cross-border disputes between citizens are resolved more effectively. The proposed Regulation deals with low value claims arising in cross-border disputes within the EU, and provides for the direct enforcement of contested decisions in any of the member states without the need for going through mutual recognition of judgments.
The new regime will cover civil and commercial matters, but will exclude a number of claims such as those related to revenue, customs, administrative matters, legal capacity, wills, etc. Under the proposal claims cannot exceed €2,000 in value, excluding interest and legal costs, and its success at this level will determine whether it will be used for higher claims in the future and in other areas, outside the civil and commercial law realm.
Technology matters
Currently, information and communication technology (ICT) is not used extensively in the majority of judicial procedures in the EU. However, some member
