EUROPEAN SMALL CLAIMS PROCEDURE

The process applies to trans-border civil and commercial disputes with a value of no more than Euro 5000. A dispute is defined as trans-border where at least one of the parties to the action is not domiciled in the Country in which there is a competent court. The procedure can be used, for example, to claim payment of monies, execution of a contract, the delivery of goods or even compensation for damages arising from road accidents.

The European process may not be used in circumstances relating to disputes concerning:

– the status and capacity of natural persons

– family law (maintenance obligations, the patrimonial regime between spouses…)

– labour contracts

– tax, customs, or administrative matters

– the status and capacity of natural persons

– insolvencies

– arbitration

– social security

– lease agreements, except where the object is payment of a sum of money

– violations of privacy or personal rights

It should be noted that the implementing regulation for the European small claims procedure has not been applied in Denmark and consequently legal actions against a Danish subject must be pursued through local proceedings.

It is important to note that, although the judicial authority competent to consider the  dispute is usually the court of the place of domicile of the defendant, certain dispositions concerning jurisdiction are contained in the Brussels Regulation I bis. This regulation makes provision for a special court of the consumer in the country where the latter is normally resident.

To identify in which country the court is competent to hear the claim please make use of the relevant search function available on the European e-Justice portal. In Italy the competent judicial body is a Justice of the Peace, with the exception of any disputes relating to matters which fall within the exclusive jurisdiction of the Court.

To initiate the judicial procedure a claim form must be completed (Form A), available on line on the European e-Justice Portal or at the judicial authority where it is possible to initiate the procedure.

Form A, with all sections completed, must be accompanied by the documentation supporting the claim (invoices, orders, receipts, correspondence between the parties…). It is recommended that full documentation be produced since it is to this that the judicial body will refer in making a ruling on the dispute.

It is also important to keep in mind that the form and the documentation attached must be drafted in the language of the judicial authority where the claim is made, or in another language accepted by such authority and the form and the attached documentation must also be drafted in the language of the judicial body. Information on the languages accepted by the competent judicial authority can be requested directly from the relevant judicial office.

The office of the competent judicial authority receiving the claim may request the parties to amend or supplement such claim via Form B, as well as stipulating the time frame within which the plaintiff (person prosecuting the legal action) must proceed with the amendments or additions.

When the claim is complete, the judicial authority shall, within 14 days, complete part I of the response form (Form C) and send it to the defendant (person against whom the legal action is being prosecuted) together with a copy of the supporting documents for the claim, if relevant.

The defendant may respond within 30 days, completing part II of form C and within 14 days, the judicial authority must transmit a copy of the response to the plaintiff.

Although the European small claims process mainly takes place in written form, it is possible the judge may consider it necessary to hold a hearing, though this is not to say that both parties will be called to participate.

The assistance of a lawyer is not required throughout the entire process.

Judgment will be handed down within 30 days from the date on which the judge has acquired all the necessary information; no intermediate procedure is necessary for such judgment to be recognised in another Member State, as the certificate of judgment (form D) shall be sufficient.

The court fees to be incurred if the European small claims process is used, such as any costs for the translation of the forms, differ from Country to Country. More information on payment methods can be obtained here.

In Italy, costs vary depending on the value of the claim.

• For claims with a value of less than €1100 € a court fee of € 43 must be paid;
• For claims of a value of more than € 1100 but less than € 5000 a court fee of € 98 must be paid.

The court fee can be paid via bank transfer using form F23 or at a post office using the relevant post office current account slip or dealers selling revenue stamps. For payments abroad, it is possible to make a trans-border transfer using the following IBAN: IT 04 O 01000 03245 35000833210 and code BIC: BITAITRRENT.

• For claims with a value of more than € 1033 a further amount of € 27 is requested as an advance lump-sum payment of court fees.

Fees for the process paid in advance will be reimbursed if the action is successful.

One of the main advantages of the European small claims process consists in the fact that once judgment is handed down one can proceed with execution without the requirement to launch an intermediate procedure (the so-called exequatur). Thus, to commence execution proceedings in the state in which the defendant is normally resident, it shall be sufficient to obtain a certified copy of the judgment and the relative certificate (form D) from the same judge that handed down the judgment itself. The request for issue of the certificate can be effected from the time of the ruling commencing the European small claims procedure by completing point 11.1 of the claim (form A).

It is necessary to point out that the judgment will be handed down in accordance with the domestic norms and procedures of the State in which it must be effected. To identify the competent authority concerning execution, please use the relevant search tool.