Proposed New Changes to the European Small Claims Procedure

On 29 June 2015 the Permanent Representatives Committee approved on behalf of the Council a draft amendment to the European Small Claims Procedure (ESCP) and the European Order for Payment (EOP).

The aim of the amendment is to improve the procedures and make the regulations more efficient. The reform will also make the ESCP and the EOP more accessible to business entities.

The amendment changes the threshold for claims eligible for the ESCP from EUR 2,000 to EUR 5,000. Moreover, the threshold will be reviewed after five years since coming into effect of the amendment.

The ESCP and the EOP will now be linked. If the defendant files an opposition against an EOP, which concerns a claim eligible for the ESCP, the case will be tried accordingly to the regulations of the ESCP. Currently, the EOP would be turned down and the case would be tried accordingly to the national laws and ordinary procedure of the member state, where the EOP was issued.

The amendment also proposes an increase in the use of distance communication technology for oral hearings and taking of evidence, and the establishment of a general framework that allows the use of electronic service of documents.