eYouGuide

How can I get a reimbursement or compensation (below €2000) to a foreign seller who refuses my claim?

Keyword: Court & law, Delivery

Example: I ordered a computer from an online seller in another EU country. I paid the price of €1.200 but the computer was never delivered, although the company claims it was. I want to sue, but I hesitate as I don't know how to do it abroad.

Answer: The EU law on small claims procedure gives you the possibility to enforce your claim up to the value of €2.000 in a rapid and affordable manner.

This simplified procedure for civil and commercial matters, for which no lawyer is necessary, is uniform in all EU countries (except for Denmark). You only need to fill a claim form (form A) in which you detail your claim and send it to the relevant Court (which you can find by clicking here).

If there are no missing information in the form and the Court found that the quick procedure can be applied, it will ask the defendant (the seller in this case) to respond within 30days. Once his answer is received, if the Court doesn't need further information, it will give its judgement within 30 days.

This judgement is recognised and enforced in other EU countries. If the judge recognises your right, send the original copy of the judgement together with translated certificate (form D) to the civil Court of the town where seller is established (that you can find by clicking here).

Be smart online:

  • Always make sure that you did your best to know who the seller really is, where the store is physically located and what customer services are offered.
  • Carefully read the terms and conditions accepting the offer, contact the seller to ask all your questions (for instance, about prices or product specifications). In this way you can get an idea of the quality of the customer service too.
  • If you are dissatisfied with an online shopping experience, you should always contact the seller first. Remember that you can also use alternative dispute resolution (ADR) procedures.

Useful links:

European Judicial Network in civil and commercial matters
European judicial atlas in civil matters

Relevant EU documents:

EU regulation on small claims procedure

Last update: 5 May 2009
 
i2010Directorate General for Health and Consumers