What is the European Small Claims Procedure?

Dutch term: Europese procedure voor geringe vorderingen | Legal basis: Regulation (EC) 861/2007

The European Small Claims Procedure (ESCP) under Regulation (EC) 861/2007 is a simplified cross-border civil procedure for claims up to 5,000 euro between parties in different EU member states. The procedure is predominantly written, conducted through standard forms, and does not require legal representation.

The court renders a judgment based on the written submissions and any documentary evidence. The judgment is directly enforceable in all EU member states without exequatur. The procedure is designed to reduce costs and simplify access to justice for small cross-border claims.

Why it matters for international businesses

For small B2B claims against counterparties in other EU member states, the ESCP provides a cost-effective alternative. For larger claims or claims requiring urgent relief, Dutch summary proceedings and pre-judgment attachment are more appropriate.