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.
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