, Volume 12, Issue 1, pp 119-133,
Open Access This content is freely available online to anyone, anywhere at any time.
Date: 22 Mar 2011

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 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 to facilitate the uniform application and the cross-border enforcement of small claims at the European level.

This paper is based on a lecture delivered at the ERA Conference ‘Challenges for Cross-Border Litigation’, held at Trier, 4–5 November 2010.