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Image header Agence Europe
Europe Daily Bulletin No. 8910
Contents Publication in full By article 14 / 36
GENERAL NEWS / (eu) eu/justice

Proposed regulation on low-priority civil or commercial cases

Brussels, 16/03/2005 (Agence Europe) - On Wednesday, the Commission proposed a European small claims procedure, to be applicable to civil and commercial cases not exceeding 2000 EUR. This simplified procedure will be an alternative to procedures which already exist in the Member States, but will not replace them. In order to start proceedings of this nature, a form is filled in and returned to the competent jurisdiction, by post or by e-mail if the State in question allows this. The procedure is then carried out mostly in writing. The defendant has one month to respond once the form has been served. The jurisdiction then has one month to return a decision, ask the parties for additional information, or ask them to appear at a hearing. The decision will certainly be returned within six months of the request being registered. The parties will not be obliged to be represented by a lawyer. The judgements will be immediately applicable. The possibility of appeal will depend on the legislation of the Member State. Several fields are excluded from the scope of the proposal, including matrimonial regimes, inheritance, employment law, arbitration and social security. The proposed regulation has still to be approved in co-decision. The text is to be posted on the internet at http: //http://www.europa.eu.int/comm/dgs/justice_home/index_en.htm . The European Commission presented a Green Paper in December 2002 on summonses to pay and small claims, on the basis of which this proposal was produced.

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