With Spain as rotating President of the European Union, let’s shed some light on recent simplifications
of European civil cross-border litigation procedures. In this column you will find brief information on the
following matters; Small-claim cross border litigation, Inter-European summoning; Legal aid; Divorce /
separations, Alimony, Recognising and Enforcement procedures and bankruptcy.
Please note that acquiring a notion of some legalities, -for instance by means of this column-, does
not make anyone into an expert; to the contrary ! It makes one liable to commit big mistakes.
So always contact your advocate, solicitor or lawyer previous to any steps that you may wish to
undertake. As your case might very well be the exception to the rule.
SMALL CLAIM CROSS-BORDER LITIGATION
The chances of successfully escaping small debts by emigrating to an other EU-Member State
country are getting thinner by the day. Small claim cross-border litigation - not exceeding
the value of ? 2.000,00 euro - provide in an accelerate, - a foreseen period of 3 months -,
litigation procedure with all fundamental rights warranted, in the language of the addressed Court.
This procedures provides an excellent and much cheaper alternative to the so called normal
national court procedures, based on the recognition of the competence of the respective Courts
to rule in these matters.
Eu - Regulation 861/2007 (Parliament/Council), applicable in Spain since January 2009
as ‘Proceso Europeo de Escasa Cuant?a’, provides for universal judicial court competence and
a uniform procedure within every EU Member State (excluding Denmark), concerning a large number
of civil and commercial matters. How ? By introducing standardized forms regarding each phase of
the procedure in every European language, accessible to every Court clerk by means of Internet.
In lee-mans’ terms this means that a London court has perfect capacity to decide a small civil matter
regarding a person domiciled in Spain or Portugal. And the defendant and possible witnesses does not
have to travel in order to be duly present in the London court, as they can be seen and heard by
means of video conference.
Material evidence and other means proof of the allegations can be produced in any manner that the
Court may seem fit, with extended discretionary powers, to consider it unnecessary to decide the case.
Contrary to normal national procedures, in which the ruling (decision) has to be seen and approved by
a Court in the Country where it is to be executed, these small claim cross-border European-court-proceedings
require no legal intervention in the other EU-member state.
This does not mean however that any one in the European Union can file any litigation procedure to which
ever judicial court within the Union, as there are restrictions and criteria to be met.
Excluded are matters related to personal status or intimacy, family and inheritance, alimony, arbitration,
rental conflicts and a few other expressly territory-bound, tax or social security matters.
The only pitt-fall might be there where the Defendant - apart from the allegations to his defence -, also
introduces a counter-claim involving a higher amount.
Mevr. mr. dr? Marian Aletta Does - 677 266 234
Abogada comunitaria - Ilustre Colegio de Abogados de Huelva
.(JavaScript must be enabled to view this email address) - http://www.abogaciainternacional.eu
.(JavaScript must be enabled to view this email address) - .(JavaScript must be enabled to view this email address)
skype name - marian.aletta.does
