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

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