Elvas_Tapecaria

International Judicial Cooperation

Cross-border civil litigation in the EU

The European Union has a set of legal rules to help individuals and businesses in cross-border judicial proceedings. This is the case, for example, with the new procedural tools for the facilitation of cross-border debt recovery. 

The Directorate-General for the Administration of Justice, through its International Judicial Cooperation Unit, is the central body responsible for providing information to the transmitting agencies and solutions to any difficulties that may arise.

 

European Small Claims Procedure

The European Small Claims Procedure and the European Payment Order for uncontested pecuniary claims are legal instruments that provide EU citizens and businesses with the means for a quicker and more effective resolution of cross-border disputes by facilitating the implementation of actions in other Member States.

Until 2017

Regulation (EC) 861/2007 on a European Small Claims Procedure (ESCP)

  • it aims to simplify and accelerate cross-border litigation of a civil or commercial nature for small claims and to reduce costs.
  • in principle, the ESCP is written and does not require a physical presence in court. The court may, however, decide to hold a hearing.
  • the value of the claim (at the time it is received before the court) may not exceed EUR 2,000
  • ensures that decisions are recognised and enforced in other EU countries without the need for a declaration of enforceability
  • it is an alternative process that co-exists with the national legislation of the EU countries and is optional.

From 2017

Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amended Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure.

  • this Regulation simplifies and expands the European Small Claims Procedure (ESCP)
  • changes the maximum value of any request to EUR 5,000
  • it makes it possible to extend both the scope of complaints (e.g. to include fees), as well as the maximum value of a claim, during the first five years of application of these new rules.

Forms
The forms are available on the European e-Justice Portal

Courts and competent authorities
Click here to search the competent court or authority.

Court fees and methods of payment
Initial application fee:

  • not more than EUR 2,000: EUR 102,00
  • from EUR 2,000 to EUR 5,000: EUR 204,00

Mode of payment
The costs and charges to be paid shall be determined in accordance with Portuguese law.
The applicant is notified by the competent Portuguese court to pay (within 10 days) the application fee.
In the notification, all information from how and how much is to be paid will be indicated. 

 

European Order for Payment Procedure

The Regulation (EC) 1896/2006 creates a European order for payment procedure for claims not contested by the defendant. This simplifies, speeds up and reduces the costs of litigation in cases involving more than one EU country. 
It also permits the free circulation of European orders for payment which are recognised and enforced in all EU countries. It applies to all EU countries except Denmark.

Forms
The forms are available on the European e-Justice Portal

Courts and competent authorities
Click here to search the competent court or authority.

Court fees and methods of payment
Initial application fee:

  • not more than EUR 5,000: EUR 102,00
  • EUR 5,000 to EUR 15,000; EUR 204,00
  • from EUR 15 000,01: EUR 306,00

Mode of payment
The costs and charges to be paid shall be determined in accordance with Portuguese law.
The applicant is notified by the competent Portuguese court to pay (within 10 days) the application fee.
In the notification, all information from how and how much is to be paid will be indicated.