Small claim, simple recovery? The European small claims procedure and its implementation in the Member States.

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    Abstract

    This contribution deals with the European Small Claims Procedure that was introduced in 2009 and its implementation in the Member States. The first practical experiences are evaluated. It is concluded that the European Small Claims Procedure is in general an instrument welcome for 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.
    Original languageEnglish
    Pages (from-to)119-133
    Number of pages15
    JournalERA-Forum
    Volume2011
    Issue number1
    DOIs
    Publication statusPublished - 2011

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