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Courts of Justice Organisation | Tribunals The European Small Claims Procedure

The European Small Claims Procedure

The European Small Claims Procedure Regulation – Regulation (EC) No 861/2007 established a European Small Claims Procedure. The provisions of this Regulation came into force on the 1st January 2009. The aim of this Regulation is to simplify and speed up the settlement of cross-border litigation on small claims. It applies to civil and commercial matters where the claim does not exceed € 5,000. This procedure is a written procedure. The claimant shall commence this procedure by filling in a standard claim Form A including a description of evidence supporting the claim. After receiving the properly filled claim form the court or tribunal shall fill in Part 1 of the standard answer Form C. A copy of the claim shall be served on the defendant and shall be dispatched within 14 days. The defendant shall submit his response within 30 days of service of the claim. The claim form shall be submitted in the language or one of the languages of the court or tribunal. 

The Forms are available online on the website of the European Judicial Atlas at http://ec.europa.eu/justice_hom​e/judicialatlascivil/html/index_en.htm and in the Civil Courts Registry. In Malta, the Small Claims Tribunal hears and determines claims arising under the European Small Claims Procedure Regulation.​​