Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
GERINGER DE OEDENBERG Lidia Joanna ( S&D)
|
BUDA Daniel ( PPE),
KARIM Sajjad ( ECR),
USPASKICH Viktor ( ALDE),
HAUTALA Heidi ( Verts/ALE)
|
| Former Responsible Committee | JURI | ||
| Committee Opinion | LIBE | ||
| Committee Opinion | IMCO | ||
| Committee Opinion | ITRE | ||
| Former Committee Opinion | IMCO | ||
| Former Committee Opinion | LIBE | ||
| Former Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
TFEU 081-p1
Legal Basis:
TFEU 081-p1Subjects
Events
PURPOSE: to improve the European procedure for small claims.
LEGISLATIVE ACT: Regulation (EU) 2015/2421 of the European Parliament and of the Council amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure.
CONTENT: this Regulation amends the Regulation establishing a European Small Claims Procedure and the Regulation creating a European order for payment procedure .
The objective of the amending regulation is to make the European small claims procedure more efficient , in particular by reflecting the technological progress made in the justice systems in the Member States, and to make the procedure accessible in a larger number of cases, in particular for businesses.
The main amendments introduced by the Regulation are as follows:
Scope : this Regulation shall apply, in cross-border cases, to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority.
This Regulation shall not apply to matters concerning: (a) the status or legal capacity of natural persons; (b) rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; (c) maintenance obligations arising from a family relationship, parentage, marriage or affinity; (d) wills and succession, including maintenance obligations arising by reason of death; (e) social security; (f) employment law.
Written procedure : it is stated that the European Small Claims Procedure is essentially a written procedure. Oral hearings should only be held exceptionally where it is not possible to give the judgment on the basis of the written evidence or where a court or tribunal agrees to hold an oral hearing upon a party's request. The court or tribunal may refuse such a request if it considers that, with regard to the circumstances of the case, an oral hearing is not necessary for the fair conduct of the proceedings. The reasons for refusal shall be given in writing.
The court or tribunal shall inform the claimant of such dismissal and whether an appeal is available against such dismissal.
Oral hearing : where an oral hearing is considered necessary, it shall be held by making use of any appropriate distance communication technology, such as videoconference or teleconference , available to the court or tribunal, unless the use of such technology, on account of the particular circumstances of the case, is not appropriate for the fair conduct of the proceedings.
A party summoned to be physically present at an oral hearing may request the use of distance communication technology , provided that such technology is available to the court or tribunal, on the grounds that the arrangements for being physically present, in particular as regards the possible costs incurred by that party, would be disproportionate to the claim.
Taking of evidence : the court or tribunal shall use the simplest and least burdensome method of taking evidence. It may admit the taking of evidence through written statements of witnesses, experts or parties. Where the taking of evidence involves a person being heard, that hearing shall be carried out using videoconference or teleconference.
Assistance for the parties : parties may receive both practical assistance in filling in the forms and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts or tribunals in the Member State concerned are competent to give a judgment in the European Small Claims Procedure. That assistance shall be provided free of charge . Nothing in this paragraph requires the Member States to provide for legal aid or for legal assistance in the form of a legal assessment of a specific case.
Standard claim form : Member States shall ensure that the standard claim Form A is available at all courts and tribunals before which the European Small Claims Procedure can be commenced, and that it is accessible through relevant national websites.
Service of documents and other written communications : the documents and judgments given shall be served by postal service, or by electronic means where such means are technically available and where the party to be served has expressly accepted in advance that documents may be served on him by electronic means.
Court fees and methods of payment : the court fees charged in a Member State for the European Small Claims Procedure shall not be disproportionate and shall not be higher than the court fees charged for national simplified court procedures in that Member State.
The Member States shall ensure that the parties can pay the court fees by means of distance payment methods and should offer at least one of the following methods of payment: (a) bank transfer; (b) credit or debit card payment; or (c) direct debit from the claimant's bank account.
Language of the certificate : each Member State may indicate the official language or languages of the institutions of the Union, other than its own, which it can accept for the certificate concerning a judgment given in the European Small Claims Procedure.
In order to minimise the need for translation and associated costs , the court or tribunal should, when issuing a certificate for the enforcement of a judgment given in the European Small Claims Procedure, or of a court settlement approved by or concluded before a court or tribunal in the course of that procedure, in a language other than its own, use the relevant language version of the standard form for the certificate available in a dynamic online format on the European e-Justice Portal.
Court settlements : the Regulation stipulated that a court settlement approved by or concluded before a court or tribunal in the course of the European Small Claims Procedure is enforceable in the same way as a judgment given in that procedure.
Information to be provided by Member States : by 13 January 2017, the Member States shall communicate to the Commission information about court fees and methods of payment, as well as about the authorities or organisations competent to give practical assistance in the Member States should be made more transparent and easily available on the internet. To that end, the Member States should provide that information to the Commission, which in turn should ensure that it is made publicly available and widely disseminated by any appropriate means, in particular through the European e-Justice Portal.
It should be clarified in Regulation (EC) No 1896/2006 that, where a dispute falls within the scope of the European Small Claims Procedure, that procedure should also be available to a claimant in a European order for payment procedure in the event that the defendant has lodged a statement of opposition against the European order for payment.
Review : by 15 July 2022, the Commission shall present a report on the operation of this Regulation, including an evaluation as to whether:
a further increase of the limit of a claim is appropriate in order to attain the objective of this Regulation of facilitating access to justice for citizens and small and medium-sized enterprises in cross-border cases; and an extension of the scope of the European Small Claims Procedure, in particular to claims for remuneration, is appropriate to facilitate access to justice for employees in cross-border employment disputes with their employer, after considering the full impact of such an extension.
That report shall be accompanied, if appropriate, by legislative proposals.
By 15 July 2019 , the Commission shall present a report on the dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations as to how to make that procedure better known.
ENTRY INTO FORCE: 13.01.2016.
APPLICATION: from 14.07.2017.
DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts in order for the standard forms of the European Small Claims Procedure and of the European order for payment procedure to be kept up-to-date. It shall be conferred on the Commission for an indeterminate period of time from 13 January 2016 . The European Parliament or the Council may formulate objections with regard to the delegated act within a period of two months of its notification (this period may be extended by two months). If the European Parliament and the Council object, the delegated act may not enter into force.
The European Parliament adopted by 650 votes to 26 with 28 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
The position of the European Parliament adopted in first reading following the ordinary legislative procedure amended the proposal as follows:
Scope: the Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements.
The Regulation states that a cross-border case should be considered to exist when at least one of the parties is domiciled or habitually resident in a Member State bound by this Regulation other than the Member State of the court or tribunal seised.
The Regulation shall not apply to matters concerning, inter alia, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; maintenance obligations arising from a family relationship, parentage, marriage or affinity; wills and succession, including maintenance obligations arising by reason of death.
Procedure: an amendment states that the court which ruled on the substance of the claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken.
Oral hearing : where an oral hearing is considered necessary, it shall be held by making use of any appropriate distance communication technology, such as videoconference or teleconference, available to the court or tribunal, unless the use of such technology is not appropriate for the fair conduct of the proceedings.
A party summoned to be physically present at an oral hearing may request the use of distance communication technology on the grounds that the arrangements for being physically present, in particular as regards the possible costs incurred by that party, would be disproportionate to the claim.
Assistance for the parties : the parties should receive both practical assistance in filling in the forms and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts or tribunals in the Member State concerned are competent to give a judgment. That assistance shall be provided free of charge . Nothing in this paragraph requires the Member States to provide for legal aid or for legal assistance in the form of a legal assessment of a specific case.
The standard claim Form A should be available at all courts and tribunals before which the European Small Claims Procedure can be commenced, and accessible through relevant national websites.
Service of documents and other written communications : for documents which need to be served on the parties in the European Small Claims Procedure, electronic service should be on an equal footing with postal service. To that end, the Regulation sets a general framework that allows the use of electronic service whenever the necessary technical means are available and where the use of electronic service is compatible with the national procedural rules of the Member States involved.
Court fees and methods of payment: the court fees charged in a Member State for a European Small Claims Procedure shall not be disproportionate and shall not be higher than the court fees charged for national simplified court procedures in that Member State. They should not include, for example, sums which are transferred to third parties in the course of proceedings, such as lawyers' fees, translation costs, costs of service of documents by entities other than a court or tribunal, or costs paid to experts or witnesses.
Member States shall ensure that the parties can pay the court fees by means of distance payment methods by offering at least one of the following methods of payment: (i) bank transfer; (ii) credit or debit card payment; (iii) direct debit from the claimant's bank account
Court settlements : Parliament specified that a court settlement approved by or concluded before a court or tribunal in the course of a European Small Claims Procedure should be recognised and enforced in another Member State under the same conditions as a judgment given in a European Small Claims Procedure.
Review: within 5 years of the date of application of the Regulation, the commission present a report evaluating whether:
a further increase of the limit in order is appropriate to facilitate access to justice for citizens and small and medium-sized enterprises in cross-border cases; and an extension of the scope of the European Small Claims Procedure, in particular to claims for remuneration, is appropriate to facilitate access to justice for employees in cross-border employment disputes with their employer, after considering the full impact of such an extension .
Two years after the date of application of the Regulation, the Commission shall present a report on the dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations as to how to make that procedure better known.
The Committee on Legal Affairs adopted the report by Lidia Joanna GERINGER de OEDENBERG (S&D, PL) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows:
Scope : this Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim: (i) is up to EUR 10 000 if pursued against a legal person; (ii) or less than EUR 5 000 if pursued against a natural person at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements.
Members deleted the exclusions and the exceptions provided for in the proposal as regards the scope.
Procedure : according to an amendment, the court which ruled on the substance of the claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken.
Member States shall ensure that all courts and tribunals at which the European Simplified Procedure can be commenced meet their obligation to provide citizens, through the competent services, with the standard claim Form A in paper form . This amendment is justified by the fact that in certain EU countries, a clear obligation needs to be laid down for the courts to make standard claim Form A available to citizens in paper form through the registry.
Members also stipulated that court hearings should not be mandatory for court settlements. They should only take place if required.
Hearings by videoconference : Members considered that the Member States should be allowed an additional period to ensure that the relevant equipment is available in courtrooms before it becomes mandatory to hold oral hearings by videoconference.
Therefore, Members proposed that from 3 years after the entry into force this Regulation , any oral hearing shall be held through videoconference, teleconference or other appropriate distance communication technology, where the party to be heard is domiciled in a Member State other than the Member State of the court or tribunal with jurisdiction.
Member States shall ensure that the relevant courts and tribunals are equipped with appropriate distance communication technology.
Obtaining evidence : Members suggested that the court or tribunal shall allow the parties to address questions to the witnesses heard in writing , where it considers this necessary in order to reach a fair settlement of the claim. The expert who is to be heard shall be appointed by the court or tribunal.
Procedure costs and means of payment : according to the Commission proposal, the court fee charged for a European Simplified Procedure shall not exceed 10% of the value of the claim. Members considered that the proposed percentage of 10% of the value of the claim is too high. It would be more appropriate to set stamp duty at 5% of the value of the claim.
Each Member State shall set a minimum income threshold under which a party shall not be required to pay any court fees.
Review : an interim report shall be prepared by, 2 years after the date of application , which shall examine the dissemination of information about the European Simplified Procedure in the Member States, and may produce recommendations concerning how to improve the public awareness of this instrument.
Minimum standards for review of the judgment : Article 18 of the Regulation 861/2007 will be amended in a manner consistent with corresponding provision of Regulation 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, to bring more clarity and facilitate its application in practice. As there is no reason why these provisions on review, which pursue exactly the same objective, are formulated differently in the various European regulations it is opportune to amend also corresponding Article 20 of Regulation (EC) No 1896/2006 .
Entry into force : the Regulation shall apply from 12 months after its entry into force , with the exception of points 13 to 15 of Article 1, which shall apply from the date of entry into force.
PURPOSE: to improve the European procedure for small claims.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation 861/2007 established an alternative procedure in addition to the procedures existing under the laws of the Member States, for cross-border cases concerning claims which do not exceed EUR 2 000. The Regulation is applied in the EU (except in Denmark) as of 1 January 2009.
Despite the benefits it could bring in terms of reducing the costs and time of litigating cross-border claims, the procedure is still little known and remains under-used several years after the entry into application of the Regulation. A Eurobarometer survey carried out in 2012, showed that 12% of the respondents were aware of the existence of the ESCP, with 1% of all respondents declaring that they already used the procedure. 69% of those who already used the procedure were satisfied.
The survey also showed that the most important factors which would encourage citizens to go to court are: the possibility of carry out proceedings in writing without appearing in the court (33%), conducting proceedings without instructing a lawyer (26%), conducting proceedings on-line (20%) and using their own language (24%).
The European Parliament affirmed in a 2011 resolution that more needs to be done in terms of legal certainty, language barriers and transparency of proceedings. It called on the Commission to take steps to ensure that consumers and businesses are made more aware and make use of existing legislative instruments, such as the European Small Claims Procedure.
The Commission identified the revision of the Regulation in its 2013 EU Citizenship Report as one of the actions strengthening the rights of Union citizens, by facilitating the settlement of disputes regarding purchases made in another Member State. This initiative is included in the European Consumer Agenda.
IMPACT ASSESSMENT: having carried out several consultations of interested parties, the Commission also undertook an impact assessment in support of its proposal.
CONTENT : the Commission proposes to revise Regulation (EC) nº 861/2007 as follows:
Extend the scope of the Regulation to cross-border claims up to EUR 10,000: raising the current threshold will allow parties to litigate a substantially bigger number of cases on the basis of the simplified European procedure. SMEs will be the main beneficiaries, but consumers will also benefit, since about one fifth of consumer claims exceed EUR 2,000.
Extend the definition of cross border cases : the amendment means that the European Small Claim Procedure may be used in disputes involving parties domiciled in the same Member State which have a significant cross-border element and includes third-country residents.
Improve the use of electronic means of communication , including for service of documents: the proposal will put postal service and electronic service on the same footing. For other, less important communications between the parties and the courts, the proposal will make electronic communication the rule, subject only to the agreement of the parties.
Impose an obligation on courts to use videoconferencing, teleconferencing or other means of distance communication for the conduct of oral hearings and taking of evidence: oral hearings should be conducted through videoconferencing or other means of distance communication. In order to safeguard the rights of the parties, an exception will be made for the party who expressly requests to be present in court.
Provide a maximum limitation on court fees charged for the procedure: the proposed amendment will not harmonise court fees in the Member States. Instead, it would set a maximum cap on court fees for applications under the Regulation, increasing the attractiveness of the procedure for claimants. The measure allows Member States to maintain a fixed minimum court fee.
Provide for an obligation on the Member States to put in place on-line means of payment of court fees : when payment in cash or stamps is the only acceptable means of payment, parties may be discouraged from pursuing their claims. The proposal aims at obliging Member States to put in place distance means of payment, as a minimum bank transfers and credit/debit card on-line payment systems.
Limit the requirement to translate the certificate of enforcement in Form D to only the substance of the judgment: the obligation to translate Form D imposes unnecessary costs. The amendment will limit the requirement of translation to the substance of the judgment in point 4.3 of Form D only.
Impose information obligations on Member States in respect of court fees, methods of payment of court fees and the availability of assistance in filling in the forms.
BUDGETARY IMPLICATIONS: the only implications for the budget of the European Union resulting from the proposed Regulation consist of the one-off costs for the preparation of a report 5 years after the date of application of the Regulation. The operational and administrative costs are estimated at EUR 437, 000 for the period 2014-2020.
Documents
- Final act published in Official Journal: Regulation 2015/2421
- Final act published in Official Journal: OJ L 341 24.12.2015, p. 0001
- Draft final act: 00040/2015/LEX
- Commission response to text adopted in plenary: SP(2015)750
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0338/2015
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A8-0140/2015
- Debate in Council: 3354
- Amendments tabled in committee: PE544.192
- Committee draft report: PE539.630
- Economic and Social Committee: opinion, report: CES0025/2014
- Contribution: COM(2013)0794
- Contribution: COM(2013)0794
- Contribution: COM(2013)0794
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0459
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0460
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2013)0794
- Document attached to the procedure: EUR-Lex SWD(2013)0459
- Document attached to the procedure: EUR-Lex SWD(2013)0460
- Economic and Social Committee: opinion, report: CES0025/2014
- Committee draft report: PE539.630
- Amendments tabled in committee: PE544.192
- Commission response to text adopted in plenary: SP(2015)750
- Draft final act: 00040/2015/LEX
- Contribution: COM(2013)0794
- Contribution: COM(2013)0794
- Contribution: COM(2013)0794
Activities
- Therese COMODINI CACHIA
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (2)
- Bernd KÖLMEL
- Jiří MAŠTÁLKA
- Notis MARIAS
- Igor ŠOLTES
- Louis ALIOT
Plenary Speeches (1)
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jean ARTHUIS
Plenary Speeches (1)
- Marie-Christine ARNAUTU
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Zigmantas BALČYTIS
Plenary Speeches (1)
- Gerard BATTEN
Plenary Speeches (1)
- Hugues BAYET
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Marie-Christine BOUTONNET
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- James CARVER
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Nessa CHILDERS
Plenary Speeches (1)
- Ole CHRISTENSEN
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- David COBURN
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Sergio Gaetano COFFERATI
Plenary Speeches (1)
- Pál CSÁKY
Plenary Speeches (1)
- Javier COUSO PERMUY
Plenary Speeches (1)
- Michel DANTIN
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- William (The Earl of) DARTMOUTH
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- Philippe DE BACKER
Plenary Speeches (1)
- Rachida DATI
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- Isabella DE MONTE
Plenary Speeches (1)
- Gérard DEPREZ
Plenary Speeches (1)
- Marielle DE SARNEZ
Plenary Speeches (1)
- Norbert ERDŐS
Plenary Speeches (1)
- Bill ETHERIDGE
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Ashley FOX
Plenary Speeches (1)
- Doru-Claudian FRUNZULICĂ
Plenary Speeches (1)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- Francisco de Paula GAMBUS MILLET
Plenary Speeches (1)
- Elisabetta GARDINI
Plenary Speeches (1)
- Enrico GASBARRA
Plenary Speeches (1)
- Arne GERICKE
Plenary Speeches (1)
- Juan Carlos GIRAUTA VIDAL
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Brian HAYES
Plenary Speeches (1)
- Roger HELMER
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- Hans-Olaf HENKEL
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Petr JEŽEK
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Ivan JAKOVČIĆ
Plenary Speeches (1)
- Krišjānis KARIŅŠ
Plenary Speeches (1)
- Philippe JUVIN
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- Barbara KAPPEL
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- Tunne KELAM
Plenary Speeches (1)
- Afzal KHAN
Plenary Speeches (1)
- Béla KOVÁCS
Plenary Speeches (1)
- Constance LE GRIP
Plenary Speeches (1)
- Giovanni LA VIA
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- Marine LE PEN
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- Bernd LUCKE
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- Ulrike LUNACEK
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- Monica MACOVEI
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- Vladimír MAŇKA
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- Ivana MALETIĆ
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- Andrejs MAMIKINS
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- António MARINHO E PINTO
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- Dominique MARTIN
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- Barbara MATERA
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- Stefano MAULLU
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Jean-Luc MÉLENCHON
Plenary Speeches (1)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- Louis MICHEL
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- Bernard MONOT
Plenary Speeches (1)
- Marlene MIZZI
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Alessia Maria MOSCA
Plenary Speeches (1)
- Norica NICOLAI
Plenary Speeches (1)
- Liadh NÍ RIADA
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- Rolandas PAKSAS
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- Alojz PETERLE
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- Florian PHILIPPOT
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- Marijana PETIR
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- Andrej PLENKOVIĆ
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- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Franck PROUST
Plenary Speeches (1)
- Robert ROCHEFORT
Plenary Speeches (1)
- Liliana RODRIGUES
Plenary Speeches (1)
- Claude ROLIN
Plenary Speeches (1)
- Fernando RUAS
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- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Remo SERNAGIOTTO
Plenary Speeches (1)
- Jill SEYMOUR
Plenary Speeches (1)
- Maria Lidia SENRA RODRÍGUEZ
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Branislav ŠKRIPEK
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Davor ŠKRLEC
Plenary Speeches (1)
- Renato SORU
Plenary Speeches (1)
- Joachim STARBATTY
Plenary Speeches (1)
- Davor Ivo STIER
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Beatrix von STORCH
Plenary Speeches (1)
- Pavel SVOBODA
Plenary Speeches (1)
- Richard SULÍK
Plenary Speeches (1)
- Patricija ŠULIN
Plenary Speeches (1)
- Kay SWINBURNE
Plenary Speeches (1)
- Neoklis SYLIKIOTIS
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Claudia ȚAPARDEL
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- Isabelle THOMAS
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- Pavel TELIČKA
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- Mylène TROSZCZYNSKI
Plenary Speeches (1)
- Ramon TREMOSA i BALCELLS
Plenary Speeches (1)
- Ángela VALLINA
Plenary Speeches (1)
- Derek VAUGHAN
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- Tadeusz ZWIEFKA
Plenary Speeches (1)
- Inês Cristina ZUBER
Plenary Speeches (1)
Votes
A8-0140/2015 - Lidia Joanna Geringer de Oedenberg - Résolution législative #
GUE/NGL
ENF
NI
EFDD| Amendments | Dossier |
| 74 |
2013/0403(COD)
2014/11/27
JURI
74 amendments...
Amendment 13 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR
Amendment 14 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR
Amendment 15 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR 10,000 for claims pursued against a legal person would be particularly beneficial for small and medium enterprises, which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and/or the judicial proceedings are too lengthy. Raising the threshold would improve access to an effective and cost efficient judicial remedy
Amendment 16 #
Proposal for a regulation Recital 6 Amendment 17 #
Proposal for a regulation Recital 6 Amendment 18 #
Proposal for a regulation Recital 8 (8) The European Small Claims Procedure could be further improved by taking advantage of the technological developments in the field of justice which should eliminate geographical distance and its consequences in terms of high costs and length of proceedings as factors discouraging access to justice.
Amendment 19 #
Proposal for a regulation Recital 9 (9) To further reduce the length of the procedure, the use of modern communication technology by the parties and the courts should be
Amendment 20 #
Proposal for a regulation Recital 11 (11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore, in order to safeguard the procedural rights of the parties, an oral hearing should always be organised upon the request of at least one of the parties where the value of the claim pursued against a legal person exceeds EUR 5,000, or the value of the claim pursued against a natural person exceeds EUR
Amendment 21 #
Proposal for a regulation Recital 11 (11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore,
Amendment 22 #
Proposal for a regulation Recital 12 (12) Oral hearings as well as taking of evidence by means of hearings of witnesses, experts or parties, should be carried out by distance means of communication. This should not affect the right of a party to the proceedings to appear in court for the oral hearing. In the context of oral hearings and the taking of evidence, the Member States should use modern, distance means of communication enabling persons to be heard without the need to travel to the court or tribunal. Where the person heard is domiciled in a Member State other than the Member State where the court seised is located, oral hearings should be organised in accordance with the rules set out in Council Regulation (EC) No 1206/200117. Where the party to be heard is domiciled in the Member State where the court or tribunal with jurisdiction is located or in a third country, an oral hearing may be held through videoconference, teleconference or other appropriate distance communication technology in accordance with national law. A party s
Amendment 23 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation
Amendment 24 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation may play a role in the claimant's decision to
Amendment 25 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation may play a role in the claimant's decision to consider court action. Among other costs, court fees may discourage claimants from taking court action, in particular in those Member States where court fees are disproportionate. The court fees should be proportionate to the value of the claim in order to ensure access to justice for cross- border small claims. Court fees should be set by the Member States. This Regulation does not aim at harmonising court fees; instead, it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants, while at the same time allowing Member States wide discretion in choosing the method of calculation and the amount
Amendment 26 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit
Amendment 27 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers
Amendment 28 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit or debit card on- line payment systems should be accepted by all courts and tribunals with jurisdiction in European Small Claims Procedures. To this end, the role of the judicial mediator in resolving many such issues should be encouraged and developed.
Amendment 29 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR
Amendment 30 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim
Amendment 31 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR
Amendment 32 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and
Amendment 33 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 10,000, in the case of a claim against a natural person, or EUR 15,000 in the case of a claim against a legal person or entity assimilated to a legal person, at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend
Amendment 34 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1a 1a. This Regulation shall apply to natural persons, legal persons and other entities assimilated to legal persons.
Amendment 35 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 Amendment 36 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 Amendment 37 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – introductory part This Regulation shall not apply where, at the time when the claim form is received by the court or tribunal with jurisdiction
Amendment 38 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point a Amendment 39 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point b Amendment 40 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point c Amendment 41 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point d Amendment 42 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point e Amendment 43 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 3 – point f (f) employment law; in particular collective agreements.
Amendment 45 #
Proposal for a regulation Article 1 – point 2 Regulation (EC) No 861/2007 Article 3 Amendment 46 #
Proposal for a regulation Article 1 – point 3 – point a Regulation (EC) No 861/2007 Article 4 – paragraph 4 - second subparagraph The court
Amendment 47 #
Proposal for a regulation Article 1 – point 3 – point b Regulation (EC) No 861/2007 Article 4 – paragraph 5 5. Member States shall ensure that
Amendment 48 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point a Amendment 49 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point a (a) the value of the claim pursued against a legal person exceeds EUR
Amendment 50 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point b (b)
Amendment 51 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point b a (new) (ba) both parties indicate their willingness to conclude a court settlement and request a court hearing for that purpose
Amendment 52 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1.
Amendment 53 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1.
Amendment 54 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1. An oral hearing shall be held through videoconference, teleconference or other appropriate distance communication technology in accordance with Council Regulation (EC) No 1206/2001 where the party to be heard is domiciled in a Member
Amendment 55 #
Proposal for a regulation Article 1 – point 5 2. A party shall always be entitled to either appear before the court or tribunal and be heard in person
Amendment 56 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 2. A party shall always be entitled to appear before the court or tribunal and be heard in person or have a witness appear and be heard before the court or tribunal in person if that party so requests.
Amendment 57 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 2.
Amendment 58 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 a (new) 2a. Member States shall ensure that courts and tribunals at which the European Small Claims Procedure can be commenced are provided with appropriate distance communication technology.
Amendment 59 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 a (new) 2a. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests.
Amendment 60 #
Proposal for a regulation Article 1 – point 6 Regulation (EC) No 861/2007 Article 9 – paragraph 2 a (new) 2a. The court or tribunal shall allow the parties to address questions to the witnesses heard in writing, where it considers this necessary in order to reach a fair settlement of the claim. The court or tribunal shall forward the questions put by the parties to the witnesses, and shall inform them of the deadline by which the witnesses are obliged to provide a written answer and forward their answer to the court or tribunal.
Amendment 61 #
Proposal for a regulation Article 1 – point 6 Regulation (EC) No 861/2007 Article 9 – paragraph 2 b (new) 2b. The expert who is to be heard pursuant to paragraph 2a shall be appointed by the court or tribunal.
Amendment 62 #
Proposal for a regulation Article 1 – point 7 Regulation (EC) No 861/2007 Article 11 – paragraph 1 1. The Member States shall ensure that the parties can receive practical assistance in filling in the forms. Such assistance shall be provided free of charge and shall in particular be available for determining whether the procedure may be used to resolve the dispute concerned and for determining the court with jurisdiction, for calculating interest due and for identifying the documents which need to be attached.
Amendment 63 #
Proposal for a regulation Article 1 – point 7 Regulation (EC) No 861/2007 Article 11 – paragraph 2 a (new) 2a. Member States shall also mutually share and provide information about legal experts who provide international legal assistance and guidance concerning how to find and contact them.
Amendment 64 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can also be attested by an automatic confirmation of delivery.
Amendment 65 #
Proposal for a regulation Article 1 – point 8 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that
Amendment 66 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. The technical procedure followed must be such that abuse is avoided and confidentiality guaranteed. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can be attested by an automatic confirmation of delivery.
Amendment 67 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article
Amendment 68 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 2 Amendment 69 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 3 Amendment 70 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 3 3. If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Articles 13 or 14 of Regulation (EC) No 1896/2006. If communication in accordance with paragraph 2 is not possible, any other method of communication acceptable under the national law applicable in the Member State of the court empowered to settle the small claim may be used.
Amendment 71 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 1. The court fee charged for a European Small Claims Procedure shall not exceed
Amendment 72 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 1. The court fee charged for a European Small Claims Procedure shall not exceed
Amendment 73 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 a (new) 1a. The minimum wage level in the country concerned shall be taken into consideration when the court fees are set.
Amendment 74 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 2. The Member States shall ensure two years after entry into force of the Regulation that the parties can pay the court fees by means of distance payment methods, including bank
Amendment 75 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 2. The Member States shall ensure that the parties can pay the court fees by one or more means of distance payment methods, including, but not limited to, bank transfer and credit or debit card on-line payment system.
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 a (new) 2a. As proof of payment of the fee, the Member States shall ensure that the courts or tribunals receive from the party making the small claim the payment order attesting that the bank transfer has been made using Internet banking, the confirmation of payment where the fee has been paid by credit card, or any other document on the basis of which it can be established that the fee has been paid.
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point a (a) it is not proven that the defendant was
Amendment 78 #
Proposal for a regulation Article 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point b a (new) (ba) it is not proven that the defendant was served with a summons to attend a hearing, or the hearing of the defendant was prevented for reasons of force majeure or by exceptional circumstances from taking place.
Amendment 79 #
Proposal for a regulation Article 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point b a (new)2 (ba) the defendant was not aware of the small claim because he was not correctly summoned, either because he no longer lived at the same address, or because he was away for a lengthy period. These situations are not exhaustive.
Amendment 80 #
Proposal for a regulation Article 1 – point 16 Regulation (EC) No 861/2007 Article 28 – first paragraph By [5 years after the date of application], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the operation of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals. An interim report shall be prepared after [2 years after the date of application] which shall examine dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations related to improving the publicity of this instrument.
Amendment 81 #
Proposal for a regulation Article 2 Regulation (EC) No 1896/2006 Article 17 – paragraph 1 – first subparagraph – point a (a) any applicable simplified procedure, in particular the procedure laid down in Regulation (EC) No 861/2007
Amendment 82 #
Proposal for a regulation Article 2 Regulation (EC) No 1896/2006 Article 17 – paragraph 1 – first subparagraph – point b (b) the ordinary civil procedure in all other cases.
Amendment 83 #
Proposal for a regulation Article 2 a (new) Regulation (EC) No 1896/2006 Article 20 Article 2 a Article 20 of Regulation (EC) No 1896/2006 is replaced by the following: "Article 20 Minimum standards for review of the judgment 1. After expiry of the time limit laid down in Article 16(2), the defendant shall be entitled to apply for a review of the European order for payment before the court or tribunal with jurisdiction of the Member State where the order was issued, if: (a) the order for payment was not served in sufficient time and in such a way as to enable him to arrange for his defence; or (b) the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part; However, the entitlement to apply for a review as provided for in the first subparagraph shall not apply where the defendant failed to challenge the judgment when it was possible for him to do so. 2 After expiry of the time limit laid down in Article 16(2), the defendant shall also be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin, in the event that the order for payment was clearly wrongly issued, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances. 3. The time limit for applying for a review shall be 30 days. It shall run from the day the defendant was effectively acquainted with the contents of the order and was able to react, at the latest from the date of the first enforcement measure having the effect of making property of the defendant non-disposable in whole or in part. No extension of the time limit may be granted on account of distance. 4. If the court rejects the application for a review referred to in paragraph 1 or 2 on the basis that none of the grounds for a review set out in those paragraphs apply, the European order for payment shall remain in force. If the court decides that a review is justified for one of the reasons laid down in paragraph 1 or 2, the European order for payment shall be null and void. However, the creditor shall not lose the benefit of the interruption of prescription or limitation periods."
Amendment 84 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
Amendment 85 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
Amendment 86 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
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The European parliament adopted by 650 votes to 26 with 28 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. The position of the European Parliament adopted in first reading following the ordinary legislative procedure amended the proposal as follows: Scope: the Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. The Regulation states that a cross-border case should be considered to exist when at least one of the parties is domiciled or habitually resident in a Member State bound by this Regulation other than the Member State of the court or tribunal seised. The Regulation shall not apply to matters concerning, inter alia, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; maintenance obligations arising from a family relationship, parentage, marriage or affinity; wills and succession, including maintenance obligations arising by reason of death. Procedure: an amendment states that the court which ruled on the substance of the claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken. Oral hearing: where an oral hearing is considered necessary, it shall be held by making use of any appropriate distance communication technology, such as videoconference or teleconference, available to the court or tribunal, unless the use of such technology is not appropriate for the fair conduct of the proceedings. A party summoned to be physically present at an oral hearing may request the use of distance communication technology on the grounds that the arrangements for being physically present, in particular as regards the possible costs incurred by that party, would be disproportionate to the claim. Assistance for the parties: the parties should receive both practical assistance in filling in the forms and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts or tribunals in the Member State concerned are competent to give a judgment. That assistance shall be provided free of charge. Nothing in this paragraph requires the Member States to provide for legal aid or for legal assistance in the form of a legal assessment of a specific case. The standard claim Form A should be available at all courts and tribunals before which the European Small Claims Procedure can be commenced, and accessible through relevant national websites. Service of documents and other written communications: for documents which need to be served on the parties in the European Small Claims Procedure, electronic service should be on an equal footing with postal service. To that end, the Regulation sets a general framework that allows the use of electronic service whenever the necessary technical means are available and where the use of electronic service is compatible with the national procedural rules of the Member States involved. Court fees and methods of payment: the court fees charged in a Member State for a European Small Claims Procedure shall not be disproportionate and shall not be higher than the court fees charged for national simplified court procedures in that Member State. They should not include, for example, sums which are transferred to third parties in the course of proceedings, such as lawyers' fees, translation costs, costs of service of documents by entities other than a court or tribunal, or costs paid to experts or witnesses. Member States shall ensure that the parties can pay the court fees by means of distance payment methods by offering at least one of the following methods of payment: (i) bank transfer; (ii) credit or debit card payment; (iii) direct debit from the claimant's bank account Court settlements: Parliament specified that a court settlement approved by or concluded before a court or tribunal in the course of a European Small Claims Procedure should be recognised and enforced in another Member State under the same conditions as a judgment given in a European Small Claims Procedure. Review: within 5 years of the date of application of the Regulation, the commission present a report evaluating whether:
Two years after the date of application of the Regulation, the Commission shall present a report on the dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations as to how to make that procedure better known. New
The European Parliament adopted by 650 votes to 26 with 28 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. The position of the European Parliament adopted in first reading following the ordinary legislative procedure amended the proposal as follows: Scope: the Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. The Regulation states that a cross-border case should be considered to exist when at least one of the parties is domiciled or habitually resident in a Member State bound by this Regulation other than the Member State of the court or tribunal seised. The Regulation shall not apply to matters concerning, inter alia, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; maintenance obligations arising from a family relationship, parentage, marriage or affinity; wills and succession, including maintenance obligations arising by reason of death. Procedure: an amendment states that the court which ruled on the substance of the claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken. Oral hearing: where an oral hearing is considered necessary, it shall be held by making use of any appropriate distance communication technology, such as videoconference or teleconference, available to the court or tribunal, unless the use of such technology is not appropriate for the fair conduct of the proceedings. A party summoned to be physically present at an oral hearing may request the use of distance communication technology on the grounds that the arrangements for being physically present, in particular as regards the possible costs incurred by that party, would be disproportionate to the claim. Assistance for the parties: the parties should receive both practical assistance in filling in the forms and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts or tribunals in the Member State concerned are competent to give a judgment. That assistance shall be provided free of charge. Nothing in this paragraph requires the Member States to provide for legal aid or for legal assistance in the form of a legal assessment of a specific case. The standard claim Form A should be available at all courts and tribunals before which the European Small Claims Procedure can be commenced, and accessible through relevant national websites. Service of documents and other written communications: for documents which need to be served on the parties in the European Small Claims Procedure, electronic service should be on an equal footing with postal service. To that end, the Regulation sets a general framework that allows the use of electronic service whenever the necessary technical means are available and where the use of electronic service is compatible with the national procedural rules of the Member States involved. Court fees and methods of payment: the court fees charged in a Member State for a European Small Claims Procedure shall not be disproportionate and shall not be higher than the court fees charged for national simplified court procedures in that Member State. They should not include, for example, sums which are transferred to third parties in the course of proceedings, such as lawyers' fees, translation costs, costs of service of documents by entities other than a court or tribunal, or costs paid to experts or witnesses. Member States shall ensure that the parties can pay the court fees by means of distance payment methods by offering at least one of the following methods of payment: (i) bank transfer; (ii) credit or debit card payment; (iii) direct debit from the claimant's bank account Court settlements: Parliament specified that a court settlement approved by or concluded before a court or tribunal in the course of a European Small Claims Procedure should be recognised and enforced in another Member State under the same conditions as a judgment given in a European Small Claims Procedure. Review: within 5 years of the date of application of the Regulation, the commission present a report evaluating whether:
Two years after the date of application of the Regulation, the Commission shall present a report on the dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations as to how to make that procedure better known. |
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| activities/11 |
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| procedure/stage_reached |
Old
Awaiting signature of actNew
Procedure completed, awaiting publication in Official Journal |
| activities/9 |
|
| activities/10 |
|
| other/0 |
|
| procedure/stage_reached |
Old
Provisional agreement between Parliament and Council on final actNew
Awaiting signature of act |
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/4 |
|
| activities/7/docs |
|
| activities/7/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Debate in Parliament |
| activities/8 |
|
| procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Provisional agreement between Parliament and Council on final act |
| activities/5/docs/0/text |
|
| activities/5/docs |
|
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/6/date |
Old
2015-09-08T00:00:00New
2015-10-06T00:00:00 |
| links/European Commission/title |
Old
PreLexNew
EUR-Lex |
| activities/5 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
| activities/4 |
|
| procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 150
|
| activities/4/date |
Old
2015-07-07T00:00:00New
2015-09-08T00:00:00 |
| activities/0/commission/0/Commissioner |
Old
REDING VivianeNew
JOUROVÁ Věra |
| activities/1/committees/3/shadows/3 |
|
| activities/1/committees/3/shadows/4 |
|
| activities/2/committees/3/shadows/3 |
|
| activities/2/committees/3/shadows/4 |
|
| activities/4 |
|
| committees/3/shadows/3 |
|
| committees/3/shadows/4 |
|
| other/0/commissioner |
Old
REDING VivianeNew
JOUROVÁ Věra |
| activities/1/committees/3/shadows/2 |
|
| activities/2/committees/3/shadows/2 |
|
| committees/3/shadows/2 |
|
| activities/3 |
|
| activities/1/committees/3/shadows/1 |
|
| activities/2/committees/3/shadows/1 |
|
| committees/3/shadows/1 |
|
| activities/1/committees/1/rapporteur/0/mepref |
Old
545fbdc8d1d1c57505000000New
4f1ac952b819f25efd00012c |
| activities/2/committees/1/rapporteur/0/mepref |
Old
545fbdc8d1d1c57505000000New
4f1ac952b819f25efd00012c |
| committees/1/rapporteur/0/mepref |
Old
545fbdc8d1d1c57505000000New
4f1ac952b819f25efd00012c |
| activities/1/committees/1 |
|
| activities/1/committees/3 |
|
| activities/1/committees/4/date |
2014-01-20T00:00:00
|
| activities/1/committees/4/rapporteur |
|
| activities/2 |
|
| committees/1 |
|
| committees/3 |
|
| committees/4/date |
2014-01-20T00:00:00
|
| committees/4/rapporteur |
|
| activities/1/committees/2/date |
2014-01-20T00:00:00
|
| activities/1/committees/2/rapporteur |
|
| activities/1/committees/2/shadows |
|
| committees/2/date |
2014-01-20T00:00:00
|
| committees/2/rapporteur |
|
| committees/2/shadows |
|
| procedure/dossier_of_the_committee |
Old
JURI/7/14601New
JURI/8/00263 |
| activities/1/committees/0/date |
2014-01-22T00:00:00
|
| activities/1/committees/0/rapporteur |
|
| committees/0/date |
2014-01-22T00:00:00
|
| committees/0/rapporteur |
|
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/1/committees/2/shadows |
|
| committees/2/shadows |
|
| activities/1/committees/0/date |
2014-01-22T00:00:00
|
| activities/1/committees/0/rapporteur |
|
| committees/0/date |
2014-01-22T00:00:00
|
| committees/0/rapporteur |
|
| activities/1/committees/2/date |
2014-01-20T00:00:00
|
| activities/1/committees/2/rapporteur |
|
| committees/2/date |
2014-01-20T00:00:00
|
| committees/2/rapporteur |
|
| activities/0/docs/1 |
|
| activities/0/docs/2 |
|
| activities/0/type |
Old
Legislative proposalNew
Legislative proposal published |
| activities/0/commission/0 |
|
| other/0 |
|
| activities/0/docs/0/text |
|
| activities/1 |
|
| committees/0 |
|
| procedure/dossier_of_the_committee |
JURI/7/14601
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/0/docs/0/celexid |
CELEX:52013PC0794:EN
|
| activities/0/docs/0/url |
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0794
|
| activities/0/docs/1 |
|
| activities/0/docs/2 |
|
| activities |
|
| committees |
|
| links |
|
| other |
|
| procedure |
|