European Union Small Claims Procedure
Feb 23rd 2018, 10:22 pm
#1
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European Union Small Claims Procedure
Hi All,
Has anyone had experience using the European Union Small Claims procedure? I am a bit confused as to the maximum value of a claim.
On the home page it says a claim can be made for a maximum value of €5000.
https://e-justice.europa.eu/content_...laims-42-en.do
But on the UK guide it refers to an maximum amount of £2000, which to my mind is significantly less than €5000.
https://e-justice.europa.eu/fileDown...2-7ed16180d541
Thank you.
Has anyone had experience using the European Union Small Claims procedure? I am a bit confused as to the maximum value of a claim.
On the home page it says a claim can be made for a maximum value of €5000.
https://e-justice.europa.eu/content_...laims-42-en.do
But on the UK guide it refers to an maximum amount of £2000, which to my mind is significantly less than €5000.
https://e-justice.europa.eu/fileDown...2-7ed16180d541
Thank you.
Last edited by BlackBeardie; Feb 23rd 2018 at 10:22 pm. Reason: additional info.
Feb 25th 2018, 9:37 pm
#2
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Re: European Union Small Claims Procedure
I don't think Portugal has such a thing as small claims court; I was waiting for one of our many members with legal knowledge to write something about it, but no one answered this thread.
Feb 26th 2018, 6:05 am
#3
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Re: European Union Small Claims Procedure
No legal knowledge required 
The discrepancy between the amounts mentioned is due to the published date of the links. One of them's past its use-by.
The procedure was revised last year to make it simpler and quicker and the amount raised from 2,000€ to 5,000€ :
...etc
New simpler and faster small claims rights for consumers and SMEs
The discrepancy between the amounts mentioned is due to the published date of the links. One of them's past its use-by.
The procedure was revised last year to make it simpler and quicker and the amount raised from 2,000€ to 5,000€ :
A new fast-track procedure to enable consumers and SMEs to settle small claims cheaply, quickly and hassle-free came into force across the EU today (14 July). ...
...The revised rules introduce a new threshold of €5,000 up from €2,000 which will allow more consumers and businesses to solve cross-border problems and enable the use of online procedures and video-conferencing which cut out unnecessary travelling to courts saving time and money.
...The revised rules introduce a new threshold of €5,000 up from €2,000 which will allow more consumers and businesses to solve cross-border problems and enable the use of online procedures and video-conferencing which cut out unnecessary travelling to courts saving time and money.
New simpler and faster small claims rights for consumers and SMEs
Feb 26th 2018, 6:47 am
#4
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Re: European Union Small Claims Procedure
And is this procedure available in Portugal?
I've heard a few stories of small contracts that were broken, and with the slow ponderous court system here, it wasn't worth pursuing suing.
I've heard a few stories of small contracts that were broken, and with the slow ponderous court system here, it wasn't worth pursuing suing.
Feb 26th 2018, 5:12 pm
#5
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Re: European Union Small Claims Procedure
The procedure's available across the entire EU, except in Denmark which has opted out.
It looks from this as though the responsible court is obliged to work at quite a pace :
https://europa.eu/youreurope/busines...s/index_en.htm
https://europa.eu/youreurope/busines...s/index_en.htm
Feb 27th 2018, 8:06 pm
#6
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Re: European Union Small Claims Procedure
Thanks Red Eric,
As usual you are on top of it. I did get a reply back from the EU's Portal team
Here it straight from the horse's mouth :
" Dear Mr. Rodrigues,
Thank you for contacting us.
The maximum value for a small claim in the EU is €5 000, we are currently waiting for the updated official guides to include in the European e-justice Portal. As soon as we receive the guides we will update our pages.
We apologise for any inconvenience you may experience in the meantime.
Kind regards,
The European e-Justice Portal team
"
As usual you are on top of it. I did get a reply back from the EU's Portal team
Here it straight from the horse's mouth :
" Dear Mr. Rodrigues,
Thank you for contacting us.
The maximum value for a small claim in the EU is €5 000, we are currently waiting for the updated official guides to include in the European e-justice Portal. As soon as we receive the guides we will update our pages.
We apologise for any inconvenience you may experience in the meantime.
Kind regards,
The European e-Justice Portal team
"
Feb 27th 2018, 8:09 pm
#7
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Re: European Union Small Claims Procedure
No legal knowledge required
The discrepancy between the amounts mentioned is due to the published date of the links. One of them's past its use-by.
The procedure was revised last year to make it simpler and quicker and the amount raised from 2,000€ to 5,000€ :
...etc
New simpler and faster small claims rights for consumers and SMEs
The discrepancy between the amounts mentioned is due to the published date of the links. One of them's past its use-by.
The procedure was revised last year to make it simpler and quicker and the amount raised from 2,000€ to 5,000€ :
...etc
New simpler and faster small claims rights for consumers and SMEs
Thanks Red Eric 
Feb 27th 2018, 8:17 pm
#8
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Re: European Union Small Claims Procedure
Feb 28th 2018, 6:42 am
#9
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Re: European Union Small Claims Procedure
England and Wales does not have a separate small claims court.[13] They are usually dealt with in the County Court after being allocated to the small claims track of the County Court system. Small claims take place under a modified set of rules.[14] Low-value cases, including most non-personal injury cases up to £10,000, are usually assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by district judges under an informal procedure.
Mar 2nd 2018, 9:59 pm
#10
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Re: European Union Small Claims Procedure
I don't think it's a great deal different in principle to what goes on in Britain :
https://en.wikipedia.org/wiki/Small_...land_and_Wales
There's a search tool on this page to help you find the competent courts - I don't know how well it works, obviously. Does it confirm what you've already found out, (assuming you have)? https://e-justice.europa.eu/content_...en.do?clang=en
https://en.wikipedia.org/wiki/Small_...land_and_Wales
There's a search tool on this page to help you find the competent courts - I don't know how well it works, obviously. Does it confirm what you've already found out, (assuming you have)? https://e-justice.europa.eu/content_...en.do?clang=en
Thanks for pointing out the link to me for the finding the appropriate court to file the small claim with. It works very well. It is the Tribunal Judicial da Comarca de Faro, in Faro for me should I decide to go this route.
Mar 2nd 2018, 10:17 pm
#11
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Re: European Union Small Claims Procedure
Good luck if you do, and I hope you'll let us know how it goes.
I have nothing that needs litigating and hope to keep it that way, but you never know.
I have nothing that needs litigating and hope to keep it that way, but you never know.
Mar 9th 2018, 11:37 am
#12
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Re: European Union Small Claims Procedure
Hi chaps,
I seem to have run into a stumbling block with this. When filling the Claim form one section states:"
5. Cross-border nature of the case
In order to make use of the European Small Claims Procedure, your case must be of a cross-border nature. A case is of a
cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member
State of the court/tribunal."
Does anyone have some advice on how I can overcome this obstacle as I am a Resident in Portugal and have change my Domicile to Portugal. The defendant's domicile is also Portugal. Thank you.
I seem to have run into a stumbling block with this. When filling the Claim form one section states:"
5. Cross-border nature of the case
In order to make use of the European Small Claims Procedure, your case must be of a cross-border nature. A case is of a
cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member
State of the court/tribunal."
Does anyone have some advice on how I can overcome this obstacle as I am a Resident in Portugal and have change my Domicile to Portugal. The defendant's domicile is also Portugal. Thank you.
