European procedure for small claims interest
EPImmI apply to cross-border disputes in civil and commercial matters, the value of the claim in 2000 that does not exceed EUR. EPImmI apply from 2009 in all Member States except Denmark and is provided as an alternative to national judicial proceedings for EU citizens.
Law Regulation (EC) № 861/2007 of the European Parliament and Council of 11.07.2007 establishing a EPImmI
SUMMARY
EPImmI allows for better legal protection, through strict rules for resolving disputes in civil and commercial matters within the EU and reduce costs. The date of submission of application (Form A, Annex I) in the competent court, the amount of the claim, without interest, costs and expenses should not exceed 2000 EUR. The decision of the competent court under Regulation (EC) № 861/2007 is recognized in other Member States and enforceable without the need for a declaration of enforceability. EPImmI an option provided for in national laws of Member States’ legal remedies.
EPImmI with effect from 1.1.2009, in all Member States except Denmark.
Introducing EPImmI
Participation in EPImmI lawyer is not required. The procedure is performed in the following order:
Claiming
The applicant may lodge its application under the procedure of EPImmI directly to the competent court if the value of his claim is less than 2000 EUR. In Annex I of the Regulation is to set out a model for application in the completion of which shall be entered particulars of the nature of the dispute, the value of the claim and others. Duly completed application should be submitted to the procedure laid down in each Member State concerned. If the application is not eligible for consideration under EPImmI (see below), the court shall notify the applicant. Applicant if the applicant does not withdraw the application filed, the court applied it to the relevant procedural rules of the Member State which initiated the proceedings.
Repair and / or amend the application
In the event that provided by the applicant in the application data are not sufficient, the court shall send the applicant Form B (Annex II), with instruction in a court deadline to complete and / or correct its application. If the applicant does not rectify and / or supplement its application within the prescribed period, the court returns or rejects the application. The same applies to inadmissible or manifestly unfounded claims.
Service of the application of the defendant.
Where the applicant has filed with the court duly completed application (Form A-Annex I), the court, in turn, fills out a response from the defendant (form in Annex III). In this form, together with a copy of the application and relevant evidence is served on the defendant within 14 days. Service of documents shall be made by registered letter with acknowledgment.
Deadline for response by the defendant
The defendant, in turn, must respond within thirty days. This period begins from the date on which the above described order was served with a registered letter containing the reply form, a copy of the application and evidence.
Service response to the claimant.
Within 14 days after receipt of the response by the defendant, the court shall send a copy of the reply of the applicant, together with all accompanying documents.
Counterclaim
In the event that the defendant assert a counterclaim against the plaintiff (through Form A), this claim is served on the applicant as described above. Plaintiff-defendant should respond to claims made against him within 30 days. In the event that the value of the counterclaim exceeds 2000 EUR, EPImmI ends and as the main claim and counterclaim shall be examined by a competent tribunal of the Member State under national procedural and substantive norms.
Judgment
Within 30 days after receipt of the response by the defendant or the plaintiff (if brought a counterclaim), the court should rule on the application and counterclaim. The court, however, within the time limit for resolving the dispute by the parties to request additional information. Moreover, the court may decide to collect further evidence in legal proceedings or summons for the hearing (see below). If the court requests a hearing, it must be held within 30 days of the parties. In this case, the court shall give its decision within 30 days after the oral argument or clarification of the factual part of the dispute. The Court shall give its decision on the principal and counterclaim (if any), even when the parties have not responded to their specified deadlines. The court’s decision is recognized and enforceable in other Member States. Checking is not allowed on the merits of the decision of the court of the Member State in which it must be enforced. At the request of either party and without additional cost, the court completed Form D (Annex IV), confirming that the dispute is resolved.
Evidence
The court determines what evidence is required for its ruling on the legal spor.Toy choose the easiest possible method for executables.
Implementation of decision
Implementation of the decision shall be in accordance with the procedural rules of the executing Member State’s decision. Party seeking enforcement must provide a copy of the ruling and acknowledgment (Form D), translation of an official language of the executing Member State. An important feature here is that the country can not be required to have a mailing address and authorized a representative to the executing Member State, except in proceedings to enforce the decision. Institution to implement the decision is not entitled to require the plaintiff to deposit security or further provision, only because the claimant has no permanent residence or the status of a foreigner in the executing State.
Refusal of the court decision and possible ways to remedy
Competent court in the executing Member State may refuse enforcement of judicial decision, if requested to do so by the defendant and the following conditions are met:
- Between the same parties to that dispute has entered into force a decision which is contrary to the decision in EPImmI;
- Final decision is rendered by a court in the executing Member State or the conditions for recognition of judicial decision in the executing Member State;
- Within EPImmI was not or was not possible to raise an objection to the incompatibility of the legal dispute with the requirements of the regulation.
If any of the parties within the EPImmI appealed judgment or requesting reconsideration of the decision, the competent authority for execution in the executing Member State may restrict the implementation of the decision within a contentious proceedings, to make enforcement of the decision depending on deposit of collateral or to stay enforcement proceedings in exceptional circumstances.
Appeal of a ruling within EPImmI are regulated by the procedural rules of the Member States. Member States were obliged to 1.1.2008 to provide the Commission with information on the possibilities of appeal (in Bulgaria: regional court decision subject to appeal to district court). The Commission shall publish this information in the official journal of the European Union and other appropriate means.
The defendant has the right to seek review of the decision by the court that it has held, provided that:
- A copy of the application or summons to appear for an oral hearing it had not been notified by registered letter with acknowledgment of receipt;
- The circumstances beyond his documents were not handed to him in sufficient time to enable him to arrange for his defense;
- The defendant was prevented due to its non-emergency or force majeure to challenge the existence of the claim against him.
In all cases, the defendant should respond quickly. In the event that a review of the decision is warranted, the initial decision is void.
Duties of courts and the provisions relating to language and loss oral argument
The Court did not require the parties to give a legal assessment of its action and help them reach agreement. If necessary, the court informed the parties on judicial proceedings.
Languages and Translation
Application must be submitted in the official language of the decisive court. Response to the application, cross-claims, the description of the documentary evidence and other documents should also be presented at an official language. Should the court be presented to his other documents in another language, which would have significance for the outcome of the proceedings, he may request a translation of these documents.
A party may refuse to accept the document in dispute, and if it was presented in a language he does not understand or speak a language other than an official language of the Member State in which the dispute is solved. In this case, the court tells the other party to provide proper translation of the document.
Oral argument
Appointed to decide a legal dispute under the rules of EPImmI court proceeded to conduct oral argument, if deemed necessary or if one has made an explicit request. The court may reject a request if the dispute can be resolved fairly and without a hearing. The conduct of the hearing can take place through video conferencing or other communication technologies.
Costs.
Unsuccessful party shall bear the cost.
Scope of regulation
EPImmI be applied to solve the border disputes in which at least one party is domiciled or habitually resident in another Member State by State – State of the forum. Permanent residence is determined in accordance with Regulation (EC) № 44/2001 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters. Court seised shall apply their domestic law to determine whether a party is domiciled in a Member State whose courts are seised of the case.
If a party is not domiciled in a Member State whose courts are seised of the case, then, to determine whether the party is domiciled in another Member State, the court applied the law of that Member State. (Art. 59 of the Regulation)
If one or both parties are legal persons, their domicile is determined by where it has its statutory seat, central administration or principal place of business (Art. 60).
- It does not apply to any tax, customs or administrative matters or the liability of the state, and:
Legal status or legal capacity or of individuals;
Matrimonial property, maintenance, inheritance law and wills;
Bankruptcy, liquidation of insolvent companies or other entities, judicial and extrajudicial agreements and other similar procedures
Social Security
Arbitration proceedings
Labor Law
Leases of real property, except for claims for cash receivables, or
Infringement of privacy and personal rights, incl. and violation of honor
Final Provisions
Until January 1, 2014 the European Commission presented the European Parliament, Council and the Economic and Social Committee on the implementation of this Regulation. Commission shall be assisted by a special committee for this purpose.
The regulation came into force on January 1, 2009 to all Member States except Denmark. Article 25 of the Regulation, which provides information (local courts, possible remedies, etc.) from the Member States of the Commission shall enter into force on January 1, 2008.
Reason
The regulation was adopted on the basis of the Green Paper on a European order for payment, and measures to simplify and speed up litigation concerning claims. Proposal (COD/2005/0020), which led to the adoption of joint decision making is presented by the European Commission presented on March 15, 2005
Tags: application, defendant, European procedure, interest, small claims