Small Claim, Simple Recovery? The European Small Claims Procedure and Its Implementation in the Member States

ERA Forum: Journal of European Law, Vol. 1, pp. 119-134, 2011

13 Pages Posted: 24 Dec 2011

See all articles by Xandra E. Kramer

Xandra E. Kramer

Utrecht University - Faculty of Law; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: December 1, 2010

Abstract

The European Small Claims Procedure is in general an instrument welcome tfor the enhancement it brings about to cross-border enforcement in the European Union. However, the regulation has several flaws, relating, inter alia, to its lack of consumer friendliness, and the lack of uniform rules regarding appeal and enforcement. It is further submitted that more attention should be paid to proper implementation and interpretation in the Member States in order facilitate the uniform application and the cross-border enforcement of small claims at the European level.

Keywords: small claims, European small claims procedure, European judicial area, international litigation

JEL Classification: K12, K19, K41

Suggested Citation

Kramer, Xandra E. and Kramer, Xandra E., Small Claim, Simple Recovery? The European Small Claims Procedure and Its Implementation in the Member States (December 1, 2010). ERA Forum: Journal of European Law, Vol. 1, pp. 119-134, 2011, Available at SSRN: https://ssrn.com/abstract=1976292

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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