What is the European Small Claims Procedure?

It is a simplified EU court procedure for cross-border civil claims up to €5,000. It uses standard forms, is largely written (no hearing unless necessary), and judgments are directly enforceable across the EU without a declaration of enforceability.

Do I need a lawyer for the European Small Claims Procedure?

No. The procedure is designed to be accessible without a lawyer. You can use the standard claim form (Form A) available from the European e-Justice Portal, and submit it to the competent court yourself.

What kinds of cases can I bring under the Small Claims Procedure?

It covers cross-border civil and commercial matters — such as unpaid invoices, consumer disputes, or compensation claims — up to €5,000. It does not cover family law, employment, social security, or tenancy matters in most cases.

Small claims procedure in the EU (step-by-step guide)

Plain-language guide · reviewed for general accuracy · European Union

If someone owes you money in another EU country — for an unpaid invoice, a faulty product, or a service not delivered — the European Small Claims Procedure (ESCP) is a simplified way to seek payment without expensive cross-border litigation. Established under Regulation (EC) No 861/2007 (as amended), it is designed to be accessible without a lawyer. Here is how it works.

1. When the ESCP applies

The European Small Claims Procedure is available for cross-border civil and commercial claims up to €5,000. "Cross-border" means at least one party is domiciled or habitually resident in a different EU member state from the court hearing the case. The procedure applies in all EU member states except Denmark. It covers many common disputes: unpaid bills, consumer claims against a business, compensation for minor damage, and contract disputes. It does not generally apply to family law, employment, social security, tenancy, or bankruptcy matters.

2. How to start: Form A

You begin by completing Form A — the standard claim form — available in all EU languages from the European e-Justice Portal. The form requires a description of the claim, the amount sought, and supporting evidence (invoices, contracts, correspondence). You submit the completed form to the competent court in the country where the defendant lives or, in some consumer cases, where you live. The form can be submitted by post or, in many courts, electronically. There is a court fee, which varies by country but is generally modest.

3. What happens after you file

The court examines the form. If it is complete, the court serves it on the defendant within 14 days. The defendant then has 30 days to respond using Form C (the answer form). They can admit the claim, contest it, or make a counterclaim. If the court needs more information, it may ask either party to provide additional documents or clarification. The procedure is predominantly written — an oral hearing is held only if the court considers it necessary or if a party requests it and the court agrees. If a hearing is held, it can often be done by video conference to avoid travel.

Tip: keep your description clear and factual. Attach copies — not originals — of all relevant documents. List each piece of evidence and explain briefly what it proves. A well-prepared Form A significantly speeds up the process.

4. The judgment and enforcement

The court issues a judgment, usually within 30 days of receiving the defendant's response or the hearing. The judgment is directly enforceable in all EU member states without any special declaration of enforceability (the exequatur has been abolished). If the defendant does not pay voluntarily, the judgment can be enforced through the national enforcement authorities in the country where the defendant has assets. The enforcement procedure itself is governed by national law, so the practical steps may differ from country to country.

5. National small claims procedures

In addition to the European procedure, every EU country has its own national small claims procedure for domestic disputes. The procedures and thresholds vary: for example, in Germany the Amtsgericht handles claims up to €5,000 with a simplified process; in France, the tribunal de proximité deals with small claims up to €10,000; in Spain, the juicio verbal covers claims up to €6,000. If your dispute is purely domestic (both parties in the same country), you will use the national procedure rather than the ESCP.

Common questions

Do I need a lawyer to use the European Small Claims Procedure?: No — the procedure is designed to be used without legal representation. The standard forms are available online and guidance is provided on the e-Justice Portal.
How much does it cost?: Court fees vary by country but are generally low. If you win, the court may order the defendant to pay your court fees. Legal costs are generally not recoverable under the ESCP unless national rules allow it.
Can I use this procedure against a business in another EU country?: Yes — common scenarios include unpaid invoices, faulty goods, or incomplete services from a business based in another EU member state.

Thinking of filing a small claim across an EU border? Tell the assistant what happened and who owes you money for a plain-language starting point.

This guide is general information about the European Small Claims Procedure and is not legal advice. Rules and thresholds may change. For your specific situation, consult the European e-Justice Portal, a national consumer centre, or a licensed lawyer.