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All Member States try to tackle the issue of accelerated recovery of uncontested claims. In some of them, judgments by default are the principal procedural instruments to cope with uncontested claims. The majority of Member States have, however, introduced a so-called “Order for payment” procedure that has proven to be a particularly valuable tool to ensure the rapid and cost-effective collection of claims that are not the subject of any controversy. In this purely written procedure a payment order is served on the defendant with an instruction to abide by it or to contest the claim within a certain time limit. Only if he lodges a statement of opposition will the case be transferred to ordinary civil proceedings. Hence, as opposed to normal procedural rules, the burden to initiate adversarial proceedings rests with the addressee of the payment order.
There are also specific “Small Claims” procedures in some Member States which provide for various simplifications with respect to the ordinary procedure, and this has been followed at the European level by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.
This gives citizens and businesses all over Europe a speedy and affordable civil procedure for claims of under 2000€, which is uniform in all Member States and in all procedural steps from the commencement of the procedure to the final enforcement of the judgement.
The rules concerning the taking of evidence are relaxed, and sometimes there is the possibility of a purely written procedure. Also the possibility to appeal against the judgment is excluded or restricted.
Click on the flag of each Member State and you will find information on the simplified and accelerated procedures in that country.
To find out more about legislation on the level of the European Community, click on the "Community law" icon.
To find out more about international law on simplified and accelerated procedures, click on the "International law" icon.Top
Last update: 04-11-2009