No. 861/2007. ► Background and objectives – The European small claims procedure allows cross-border litigation concerning small claims to be decided more quickly and at lower cost, in particular [...] national civil proceedings or under the European small claims procedure. [amended Art. 17 of Regulation (EC) No. 1896/2006] Reform of the EU Small Claims Procedure cep | Kaiser-Joseph-Strasse [...] cross-border claims in civil and commercial matters with a value up to 10,000 euro - previously 2,000 euro - (amended Art. 2 (1)). – A cross-border claim exists where, at the time of filing the claim, at least
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establishing a European Small Claims Procedure. The Regulation was adopted in recognition of the fact that the problems of inefficient litigation of small claims are amplified when claims of low value are [...] g a European Small Claims Procedure was adopted on 11 July 20071 with the aim to enhance access to justice by simplifying and speeding up cross- border litigation concerning small claims and reducing [...] possibility to use the European Small Claims Procedure which would otherwise be available. Furthermore, the current limitation bars applications under the European Small Claims Procedure lodged before courts
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not, the value of a claim is an important parameter. Consumers are not likely to act when their claim is below a certain threshold. Alternative dispute resolution schemes, small claims procedures and [...] scope of their small claims procedures, so as to deal efficiently also with mass claims in a national and cross-border context. For example, when several individuals have the same claim against the same [...] affordability. This is particularly true for claims that involve small amounts. The sectors in which consumers find it most difficult to obtain redress for mass claims are financial services (39% of documented
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e to open up national mechanisms for enforcing small claims, which are characterised by relatively quick processing and low legal costs, to mass claims as well. A Directive or Recommendation could be [...] important to set the incentives for collective claims in such a way that these individual interests have the smallest possible influence. If pursuing consumer claims is made too easy through amending laws on [...] illegal conduct of an individual trader (mass claim cases), the Commission wants to open up the possibilities of collective redress for damages claims or develop existing possibilities. – To this
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company and the rest are small, many victims are no longer able to assert their compensation claims directly against the large wrongdoer but must first claim against the small companies. Only when these [...] if it is "legally impossible" for the indirect victim to claim compensation from the wrongdoer (Art. 12 (2)). – Where an indirect victim claims compensation, in addition to proving the harm incurred, [...] evidence showing “plausible grounds” for a right to claim compensation; this does not apply if the wrongdoer makes the request because he has no right to claim compensation. – The court cannot order disclosure
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Member States if they act individually. Political Background In its Communication “Think small first – A small Business Act for Europe“ [Communication COM(2008) 394 of 25. June 2008; cp. CEP Policy Brief [...] 1896/2006; cp. CEP Policy Brief in German only] as well as the Regulation establishing a European small claims procedure [(EC) No. 861/2007; cp. CEP Policy Brief in German only]. Status of Legislation [...] of any contractual provision is appropriate. As for marginal claims, the recovery costs can easily exceed the value of the principal claim. However, staggering flat rate compensation is not justified
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facilitating effective redress: the European Small Claims Procedure2 is a simplified and cost-effective European civil procedure that facilitates consumer claims resulting from cross-border sales. The European [...] on 9.12.2009, OJ C 115, 4.5.2010, p.1. 2 Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, OJ L 199, 31.7.2007. 3 Regulation (EC) No 1896/2006 creating a European Order for [...] individual claim. It also strengthens the negotiating power of potential claimants and contributes to the efficient administration of justice, by avoiding numerous proceedings concerning claims resulting
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facilitating effective redress: the European Small Claims Procedure2 is a simplified and cost-effective European civil procedure that facilitates consumer claims resulting from cross-border sales. The European [...] on 9.12.2009, OJ C 115, 4.5.2010, p.1. 2 Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, OJ L 199, 31.7.2007. 3 Regulation (EC) No 1896/2006 creating a European Order for [...] individual claim. It also strengthens the negotiating power of potential claimants and contributes to the efficient administration of justice, by avoiding numerous proceedings concerning claims resulting
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seeks to recover a small24 or potentially uncontested claim, he can make use of existing self-standing European procedures on the merits which allow him to recover these types of claims in a swift, simple [...] decides to go to court to get his money back. . Since the claim is under 2.000€, Mr B follows the simplified European procedure for small claims59. He starts the procedure by filling in a standardized form [...] the claim. 59 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure
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UEAPME Expectations on the Proposal for a European Small Business Act, 14 December 2007, available at www.ueapme.com. Response to the Consultation on a Small Business Act for Europe, 2 April 2008, available [...] the European Patent Office with claims translated into the other two official languages, 3) An EU patent processed, granted and published as in option 2, but with claims translated into the other four [...] Parliament, the European Economic and Social Committee and the Committee of the Regions "Think Small First" - A "Small Business Act" for Europe23. Such translation arrangements should make access to the EU patent
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