European Small Claims Procedure
On 1 January 2009 a new cross-border European Small Claims Court system came into operation in all EU member states with the exception of Denmark. Like the Irish Small Claims Court system, the new procedure deals with disputes concerning goods or services to the value of €2000 or less. The Small Claims Procedure offers a dispute resolution mechanism, where a trader is unwilling to agree a solution, or where the problem is beyond the remit of the European Consumer Centre.
Procedure
An application form, available at
www.courts.ie or from the consumer’s local District Court must be completed. The consumer must know the name and full physical address of the trader concerned, even if an online business, in order to complete the form. If any help with the completion of same is needed, the District Court Registrar should be contacted. Once the form is submitted, the Registrar will assess whether the applicant has sufficient grounds for his/her complaint.
If satisfied, the form must be sent to the defendant in the relevant member state within 14 days. The defendant then has 30 days to respond. If the claim is contested, the Registrar will attempt to negotiate a solution between the parties. If this fails, the claim will be referred to the District Court (in Ireland) for judgement. Neither the claimant nor the defendant need appear in court, but either can, if they wish, request an oral hearing. This judgement is binding on the other party and must be enforced in the relevant member state. The losing party will pay the costs for both sides.