For almost a decade the European Union has been working on legislative instruments and measures to smooth judicial cooperation and to enhance access to law and specifically made reference, in that context, to orders for money payment.
One of these new legislative projects is the Regulation (EU) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, which fully came into effect on January 1, 2009. ´Small claims´ are claims up to 2.000 € not including interest and costs.
What cases according to the EU are suitable to be dealt with by this Regulation? Using it for small outstanding amounts does not seem too logical, since the European Payment Order procedure seems more specifically designed for such claims. The ECS-procedure is rather meant to facilitate claims which are expected to encounter a real legal dispute and not only a non-payment. There are a large number of case examples suitable for such procedure, like small damages suffered during a holiday which cannot be solved by the parties. Or a customer buying anything for less than 2.000 € from a supplier domiciled in another EU member state (also through the internet), and products are not delivered. The customer can then start an ESC-procedure against the seller. The legal action by the way is not limited to the mere cashing of money. The ESC procedure also provides for seeking completion of contractual obligations or damages in case of default.
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