How do I start a European small claims procedure?

Recovering a debt in another European country can seem daunting. Language barriers, legal differences and distance often complicate the process. Visit european small claims procedure offers a practical solution to this problem. This guide shows you the practical steps you need to take to get it right.

Check the preconditions for application

Before taking any action, confirm that your situation meets the three essential criteria for application.

The first criterion concerns the cross-border nature of the dispute. This condition is met when at least one of the parties is domiciled in a Member State other than that of the court seised. This status is assessed on the date the form is received by the court.

The second criterion concerns the amount. The value of your claim must not exceed €5,000, excluding interest, costs and disbursements. To assess this amount, count only the principal of your claim. Article 2 of Regulation (EC) No 861/2007, amended in 2015, raised this threshold, which was initially set at €2,000.

The third criterion concerns the nature of the dispute. The procedure applies only to civil and commercial matters. It does not apply to

• Tax or administrative disputes
• Questions of civil status and capacity
• Matrimonial property regimes
• Inheritance and wills
• Bankruptcies
• Employment law
• Property leases (except for requests for money)
• Invasion of privacy

You should also check that the countries concerned are participating in the scheme. The Regulation applies in all EU Member States except Denmark. The United Kingdom is no longer affected since Brexit.

Determining the competent court

Identifying the competent court is a decisive step. If you make a mistake at this stage, your claim may be inadmissible.

International jurisdiction is determined by the Brussels I bis Regulation (EU Regulation 1215/2012). Standard claim form A guides you through the different scenarios.

The general principle is that defendants should be sued in the courts for their place of residence. Article 4 of the Brussels I bis Regulation enshrines this rule.

Alternative options exist depending on the nature of your dispute:

• In contractual matters: the court for the place of performance of the obligation (art. 7.1)
• For a sales contract: the place of delivery of the goods
• For the provision of a service: the place where the service is performed
• In tort: the court for the place where the damage occurred (art. 7.2)
• For a contract concluded with a consumer: the court of the consumer's domicile

In France, two types of court can deal with these claims:

• The tribunal d'instance for civil disputes (article L. 221-4-1 of the code de l'organisation judiciaire)
• The Commercial Court for commercial disputes (article L. 721-3-1 of the French Commercial Code)

Territorial jurisdiction in France follows the classic rule: the court of the place where the defendant lives has jurisdiction.

Prepare and submit the application form

Applications are made using form A, which is available in all the official languages of the European Union.

This form has twelve sections:

1. Identification of the court
2. Contact details
3. Defendant's contact details
4. Jurisdiction of the court
5. Cross-border nature of the dispute
6. Bank details (optional)
7. Purpose of request (amount, interest, etc.)
8. Details of the dispute and evidence
9. Possible hearing
10. Communication methods
11. Certificate of completion
12. Date and signature

To maximise your chances of success, follow these tips:

• Complete the form in the language of the court seised (in France, French)
• Attach copies of all relevant supporting documents
• Describe the facts clearly, without any need for legal qualification
• Specify the exact amount claimed and how it is calculated
• If you are requesting interest, indicate the rate and the starting date

The form must be sent directly to the competent court. In France, under article 1383 of the Code of Civil Procedure, it may be delivered to the court registry or sent by post. The circular of 26 May 2009 also mentions the possibility of electronic transmission in certain cases.

Resources are available to help you complete this form. In France, free assistance is provided by:

• The registries of the district and commercial courts
• Justice and law centres
• Departmental legal access centres
• The European e-Justice portal

Managing the initial phase after filing

Once the form has been submitted, the court carries out a preliminary admissibility check.

There are three possible scenarios:

First case: your claim is deemed manifestly inadmissible or unfounded. The court rejects it immediately. In France, there is no right of appeal against this decision, but you can still take action under ordinary law.

Second case: your claim is unclear or incomplete. The court will then send you standard form B inviting you to complete or rectify your claim within a set deadline. Please comply strictly with this deadline. If you fail to do so, your claim will be rejected.

Third case: your claim does not fall within the scope of the Regulation. The court informs you of this. In France, the court will set you a deadline for withdrawing your case. If you fail to do so, the case will be heard in accordance with the applicable ordinary procedure.

If your application passes this initial check, the procedure is as follows with its own delays and costs. La decision will then be enforceable. Within 14 days of receiving your correctly completed form, the court:

• Complete part I of the answer form C
• Send the defendant a copy of your application and supporting documents
• Sends the reply form to be completed

The defendant has 30 days to respond. He may accept your claim, contest it or lodge a counterclaim.

If the defendant lodges a counterclaim in excess of €5,000, the entire dispute falls outside the scope of the European procedure and is transferred to the ordinary national procedure.

The quality of your initial preparation often determines the outcome of European small claims proceedings. Our firm can help you help you put together your file and ensure that all formalities are properly completed.

Sources

• Regulation (EC) No 861/2007 of the European Parliament and of the Council
• Regulation (EU) No. 1215/2012, known as "Brussels I bis".
• French Code of Civil Procedure, articles 1382 to 1391
• Code of Judicial Organisation, article L. 221-4-1
• French Commercial Code, article L. 721-3-1