On Thursday 13 December, MEPs approved by a large majority (521 votes in favour, 35 against and 14 abstentions) the own-initiative report drawn up by Polish Tadeusz Zwiefka (EPP) inviting the European Commission to introduce a European Expedited Civil Procedure (EECP) for cross-border disputes between businesses.
At present, commercial disputes settlements can take between 3 and 4 years, while an expedited procedure would allow disputes to be resolved between 6 and 12 months, the rapporteur recalled.
In concrete terms, the European Parliament suggests the adoption of rules similar to the European Small Claims Procedure for disputes up to €5,000.
The report, adopted unanimously in Parliament's Committee on Legal Affairs on 20 November, sets out the main features of the report. Thus, such a procedure would apply to cross-border commercial disputes to which the European Small Claims Procedure does not apply, with the agreement of both parties and where they have been duly informed in advance of the consequences of their consent to use the procedure.
This could be a written procedure, which would nevertheless allow oral hearings when at least one of the parties so requests, and would encourage the use of modern technology.
The procedure should apply very short deadlines, not allow for a separate appeal against decisions and its costs should be limited, in order to ensure respect for the right of access to justice, say MEPs.
It should be noted that the report also invites the Commission to continue to explore the possibility of creating a European Commercial Court to support the courts of the Member States.
Parliament invites the European Commission to make a legislative proposal by 1 January 2020. It also considers that this proposal could be supported by an amendment to the ‘Rome I', ‘Rome II' and ‘Brussels Ia' Regulations.
In the debate preceding the vote, the European Commissioner for Justice, Věra Jourová, confirmed that she shared MEPs' objective of “swift and efficient justice”, even if this recommendation is actually addressed to the next Commission. (Original version in French by Marion Fontana)