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Updated European Small Claims Guides
The new Practice Guide and User Guide for the European Small Claims Procedure, prepared by Xandra Kramer (ESL, Erasmus University Rotterdam, Utrecht University) in collaboration with the European Commission and the European Judicial Network, have been published. These updates were necessitated by the amendments to the European Small Claims Regulation, resulting from Regulation No 2015/2421 as applicable since 14 July 2017. The European Small Claims Regulation provides a uniform, low threshold procedure for consumers to claim their rights in cross-border cases in the EU.
‘The most significant amendment is the raising of the monetary limit of the procedure from €2,000 to €5,000 (Article 2). Most other amendments aim at strengthening the use of distance communication technology, including to conduct oral hearings (Article 8), and the taking of evidence (Article 9) and enabling the e-service of documents (Article 13) and distant payment of court fees (Article 15a). Other amendments are that the primacy of the written procedure is underlined (Article 5), the practical assistance of parties is strengthened (Article 11) and the rule on minimum standard for review is clarified (Article 18). New provisions are inserted regarding the requirement that court fees should be proportionate (Article 15a), the language of the enforcement certificate (Article 21a) and the enforcement of court settlements (Article 23a). In addition, Regulation No 2015/2421 amended one provision of the Order for Payment Procedure (15). Article 17 of that Regulation now envisages a transfer to the European Small Claims Procedure in cases where a statement of opposition is lodged against the payment order, where the European Small Claims Procedure is applicable.’ (p. 12 Practice Guide).
One of the novelties in the User Guide and the Practice Guide is the link to available ADR mechanisms and the reference to the ODR platform, which informs consumers and practitioners about the existing alternatives and secure a more integrated approach to consumer dispute resolution. The publication of the new guides are part of a European consumer campaign launched in July. The Guides as well as other tools on and information about the Small Claims Procedure – including an infographic for consumers, a leaflet for legal professionals, a leaflet for businesses and a web toolkit – are available in the Small Claims Section of the e-Justice Portal.
Greek Commentary on the ESCP Regulation
The first Commentary on the Small Claims Regulation (861/2007) in Greece has just been published. The volume sheds light on all aspects of cross border small claims litigation within the EU, approaching the topic both from a domestic and an EU-case law viewpoint.
The authors are the following:
Prof. Arvanitakis (Aristotle University, Thessaloniki): Introduction, Articles 1-3 & 17-19
Ass. Professor Yiannopoulos (Democritus University, Thrace): Articles 4-8 & 13-15
Kalli Chronopoulou (Judge): Articles 9-12 & 15a-16
Dr. Karameros (Visiting Lecturer, Neapolis University, Paphos): Articles 20-29
This book is part of an ambitious project, inspired by Prof. Arvanitakis & Prof. Vassilakakis, which aims at publishing a full set of Commentaries on Private International Law EU – Regulations in Greek. The project kickstarted with the publication of the Commentary on the Brussels II bis Regulation (2016). Commentaries on the Brussels I a Regulation and at a later stage the Succession Regulation will follow.
Save the date and register now for the 2nd Conference on European Private International Law taking place in Aarhus in 2020!
Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted an impressive number of regulations in the field of Private International Law. As a result, Private International Law has gradually become a truly European discipline. However, a truly pan-European forum to discuss issues of European Private International Law is still missing. Following a conference in Berlin in 2018, a group of Private International Law scholars from all over Europe[*], therefore, felt that it was time for a European Association of Private International Law (EAPIL).
The Association will be established in late 2019 and its establishment celebrated at a conference to be held at Aarhus University, Denmark, from 14 to 16 May 2020. The conference will bring together academics and practitioners from all over Europe and provide a unique opportunity to talk and think about European Private International Law in a pan-European fashion. Topics to be discussed will include the effects and the challenges of digitalization, the problems of fragmentation as well as other challenges the discipline is currently facing.
Confirmed speakers are:
- Marie-Élodie Ancel (Université Paris-Est Créteil)
- Francisco Garcimartín-Alférez (Autonomous University of Madrid)
- Burkhard Hess (Max Planck Institute Luxemburg)
- Thalia Kruger (University of Antwerp)
- Matthias Lehmann (University of Bonn)
- Ralf Michaels (Max Planck Institute Hamburg)
- Peter Arnt Nielsen (Copenhagen Business School)
- Haris Pamboukis (University of Athens)
- Gian Paolo Romano (University of Geneva)
- Marta Pertegás Sender (University of Maastricht)
- Maciej Szpunar (Court of Justice of the European Union)
- Andreas Stein (European Commission)
- Christiane Wendehorst (University of Vienna)
If you are interested in attending, please register via the conference website. For any other questions, please get in touch with the local organizer, Morten M. Fogt (mmf@law.au.dk).
Information about the European Association of Private International Law (EAPIL) including information about how to join will soon be made available on this blog!
[*]Apostolos Anthimos, Sabine Corneloup, Gilles Cuniberti, Morten M. Fogt, Pietro Franzina, Agnieszka Frackowiak-Adamska, Jan von Hein, Thomas Kadner Graziano, Eva-Maria Kieninger, Johan Meeusen, Pedro de Miguel Asensio, Marta Requejo Isidro, and Giesela Rühl.