The European Small Claims Procedure (small claims-forordningen)
Also known as escp, small claims regulation, european small claims
The European Small Claims Procedure is a common EU route for smaller cross-border claims — written, on standard forms, and with no requirement for a lawyer.
- Applies to
- Cross-border claims within the EU
- Runs
- In writing, on standard forms
- The judgment
- Is recognised across the other member states
In practice
There are two European shortcuts, and each solves a different problem. The European Order for Payment is for claims the debtor does not dispute. The Small Claims Procedure is for smaller claims he actually does dispute — it carries the case through anyway, without anyone having to appear.
The process is written and runs on standard forms available in every EU language. The court may call a hearing, but that is the exception. There is no requirement for a lawyer, which is the whole point: the procedure is built for claims where ordinary proceedings would cost more than the case is worth.
The claim has to fall below a monetary ceiling set in the regulation, and the ceiling is adjusted, so it should be looked up rather than remembered. The judgment can be enforced directly in the other member states without an intervening recognition case.
Where it commonly goes wrong
- Choosing this route for an undisputed claim. The payment order is faster and simpler there. Small claims is for the ones who push back.
- Filing the form without the exhibits. The court decides on the written material alone. If the documentation is not attached, it does not exist.