With the objectives of guaranteeing access to justice and creating an area of freedom, security and justice in the EU, consumers can use the European Small Claims Procedure, a judicial alternative to simplify, speed up and reduce procedural expenses in the case of cross-border claims within the Union (except Denmark), for amounts up to 5,000 euros. Regulated through Regulation 861/2007, it is a relatively simple procedure that can be used by both individuals and companies, without the need for a lawyer, by means of standardized forms that the consumer can present in their own language in the courts of their municipality, so it is an alternative to national procedures especially useful in cross-border consumer lawsuits.
It is an alternative option to the judicial procedures provided for in the Member States for European cross-border claims (except Denmark) for matters of up to 5,000 euros (expenses excluded), without legal representation (lawyers or solicitors) being mandatory. They are processed through standardized forms available in all the official languages of the EU that the consumer can present in his language and from his municipality (judicial district).
This procedure can be used in claims related to purchases of goods or services. The claims can be civil or commercial in nature, and for both monetary and non-monetary claims.
Although it is an eminently written court procedure, an oral hearing may, exceptionally, be held if it is not possible to give a judgment on the basis of the written evidence submitted. Both the claimant and the defendant may request it and it is not necessary to have a lawyer. The court shall decide what evidence it needs, how it is to be obtained, how it is to be presented and how the parties are to appear. The hearing shall be convened within 30 days and, whenever possible, remote communication technologies (videoconferencing or teleconferencing) shall be used.
Judgments are recognised and enforceable in all EU countries - except Denmark - and cannot be challenged, unless there is an inconsistency with a judgment already delivered in another EU country between the same parties. The law that applies is the law of the country where the judgment is enforced.
Cheaper. | No lawyer or solicitor is required. |
Faster. | With fixed deadlines for the different phases of the process: 30 days to issue a judgment, from the time the Court receives all the necessary documentation from the parties or after the oral hearing. |
Easier. | Eminently written process with standardised forms available in all official EU languages. Oral hearings are exceptional. |
Closer. | Possibility to file the claim form in Spanish and in the municipality (partido judicial) where the consumer resides. |
Further assistance. | Possibility to get free help. Contact the European Consumer Centres, the judicial bodies or the Oficinas de atención y decanatos for questions relating to the completion of the forms or the functioning of the process. |
More opportunities. | The European Small Claims Procedure is an alternative option to national court procedures. This means that there will normally also be a national procedure that could be equally usable. |
More European. | The judgment can be enforced in any EU country except Denmark without the need for a declaration of enforceability or special procedures. |
It can be used by both individuals and businesses in the EU - except Denmark* - who are involved in cross-border disputes of a civil or commercial nature. The claim may be brought against companies, organisations or consumers.
*Claims against a party established in Denmark would have to be brought through a national procedure in Denmark.
Judgments are valid in all EU countries except Denmark and must therefore be recognised and enforced without any possibility of opposing their recognition. Therefore, they cannot be challenged, unless there are inconsistencies with a judgment already delivered in another EU country between the same parties. The law that applies is the law of the country where the judgment is enforced.
The European Small Claims Procedure can be used for most cross-border claims - within the EU - of a civil and commercial nature, including those relating to contracts, claims for damages and the delivery of goods. For example, those relating to the payment of money, damages resulting from an accident, the delivery of goods or other movable property, the performance of a contract, hindering or attempting to prevent an illegal act.
Although it can generally be used for claims of a civil and commercial nature, there are restrictions and exclusions. For example, it is not applicable for family law matters, maintenance obligations, employment, social security, arbitration, violations of the right to privacy and other personality rights including defamation, bankruptcy cases, as well as in tax, customs or administrative matters.
However, it is not always easy to distinguish in practice which cases fall under the concept of "civil and commercial" and which do not. In case of doubt, please consult with oficinas de atención y decanatos.
Claimants should bear in mind that, in addition to the costs of the European Small Claims Procedure, they may face additional expenses if they wish to enforce the judgment. Therefore, it will have to be weighed up whether these costs are worth bearing, taking into account the value of the claim and whether the defendant has sufficient resources to satisfy the claim.
Costs of the European Small Claims Procedure:
Court fee
Depending on the country, a court fee may be payable, which is refunded if the claim is successful. In Spain, the European Small Claims Procedure is not subject to court fees. Check court fees in other Member States.
Costs of legal advice
Although there is no obligation to hire a lawyer, it is not prohibited either, so that if a party were to use a legal adviser, the court could charge him for the costs, even if he wins the case.
Costs of the oral hearing
In the event of an oral hearing, costs may be incurred for the necessary experts or witnesses, for the translation of documents and for any other special procedures. However, steps should be taken to ensure that these costs are kept to a minimum.
Translation costs
Depending on the country, you may have to pay for the translation of the certificate issued by the court, which is necessary for the enforcement of the judgment. This cost is also reimbursed if the claim is successful.
Generally, it will be brought in the court with competent jurisdiction in the country where the defendant or the plaintiff is established. Therefore, individual consumers may bring the claim in the EU country where they reside, by post, or other means of communication accepted by the court, or by hand. Detailed information is provided in section 4 of the claim form, as well as relevant links to the European e-Justicia website.
In Spain, in general, the competent court for consumers will be the juzgado de primera instancia in your town or city (judicial district). If you have any doubts about the procedure or the competent court, please contact the Oficinas de atención y decanatos.
Collection of evidence.
The consumer should prepare the basis of his claim and collect supporting evidence such as supporting documents, orders, receipts, invoices, reports, correspondence between the parties, photographs or other illustrative material.
Filling in and sending form A.
In Spain, consumers can submit the claim (form A) in Spanish at juzgados de primera instancia of their municipality (partido judicial). This form contains instructions on how to fill it in and must be available, in all official EU languages, at any court where it can be submitted, including websites.
Supporting documents or evidence in support of the claim should be included and, where a fee is required, the relevant information may need to be provided. It is also advisable to detail what other evidence could be provided in case of opposition to the claim, such as the names of witnesses, forensic doctors or technical experts.
>>> Claims forms for the European Small Claims Procedure.
>>> European courts with jurisdiction.
>>> Search engine for competent European courts.
Assessment.
The court or tribunal assesses the claim and, if necessary, informs the claimant if it falls outside the scope of the European Small Claims Procedure or if it is not well-founded.
If additional information is necessary, it will ask to fill in form B. If the claimant does not complete or rectify the claim within the specified time limit, the claim may be rejected. The defendant may submit his or her observations on form C of the Statement of Defence. The time limit for submitting pleadings is 30 days.
Resolution.
The court has 30 days to:
- Determine the judgment. The judgment may be challenged by the defendant.
- Request additional information from the parties.
- Summon the parties to an oral hearing.
After receiving the necessary information or holding the oral hearing, you must deliver judgment within 30 days.
Unlike other court procedures, in the European Small Claims Procedure you can enforce the judgment in any Member State, with the exception of Denmark. No special procedure or declaration of enforceability is required for this. Nor is it necessary to have a postal address or an authorised representative in the country where the enforcement has to be enforced. All you need is:
Get a copy of the judgment and the certificate
To obtain the certificate, the interested party must request it from the body where the application was lodged using form D. This certificate may be drawn up in any official language of the EU and it is therefore up to the interested party to ensure that it is translated into the language accepted by the competent body where the judgment is enforced.
Apply to the competent authorities or bodies for enforcement
The documents (copy of the judgment and of the certificate) and instructions for enforcement should be sent to the competent body where enforcement is to take place.
However, before enforcing the judgment, it is recommended that the person concerned first consider a formal communication to the debtor demanding payment. You may warn him that, if he fails to do so, you will proceed to take formal enforcement measures, with the inevitable consequences for the debtor in terms of additional costs.
>>> Locate the body to enforce the judgment with the European search engine.
Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.
Regulation (EU) 2015/2421 of the European Parliament and of the Council amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure.