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European Small Claims legislation - good for us!
Thread poster: Vito Smolej

Vito Smolej
Germany
Local time: 12:47
Member (2004)
English to Slovenian
+ ...
Jan 22, 2009

I have it from the C't magazine ("Geld her!" leichter gemacht) and what it is all about, will sound pretty familiar to many - heres a use case for it:

Jasmin B/Munich purchased a notebook from a British supplier on Ebay. Paid with the card, got the goods, checked and sent it all back cancelling the purchase: they did not supply what they sold.
When they dragged their feet as regards the refund, Jasmin filled out the European small claims document and got her money.

check Eur Lex (regulation 861 of 2007)

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0001:01:EN:HTML

the preamble makes me feel good:

Whereas:

(1) The Community has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implications and needed for the proper functioning of the internal market.

(2) According to Article 65(c) of the Treaty, those measures are to include those eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States.

....


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Nicole Maina  Identity Verified
Italy
Local time: 12:47
Member (2005)
German to Italian
+ ...
where are the attachments? Jan 22, 2009

this sounds veeeerrrryyyyy interesting! Thank you very much Vito!!

The attachments are not clickable though...


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xxxLia Fail  Identity Verified
Spain
Local time: 12:47
Spanish to English
+ ...
thanks Vito:-) Jan 22, 2009

Here is a link to teh PDF which includes the forms.

http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_199/l_19920070731en00010022.pdf

SCADPLUS summary (in sveral languages):
http://europa.eu/scadplus/leg/en/lvb/l16028.htm

However, I can't see that it's available in ES yet, so I wonder how us lot in Spain could submit a claim (in a legal system already on the point of collapse:-( )


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Ramon Somoza  Identity Verified
Spain
Local time: 12:47
Member (2002)
Dutch to Spanish
+ ...
ES is also available Jan 22, 2009

Lia Fail wrote:

However, I can't see that it's available in ES yet, so I wonder how us lot in Spain could submit a claim (in a legal system already on the point of collapse:-( )


Check this link, which lists it in different languages.

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2007&nu_doc=861

Spanish is the second from the left.


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Vito Smolej
Germany
Local time: 12:47
Member (2004)
English to Slovenian
+ ...
TOPIC STARTER
The small claims limit is 2000€ ... Jan 22, 2009

... and that sounds quite comfortable to me.

No passaran! Give the suckers no chance!

Vito


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xxxLia Fail  Identity Verified
Spain
Local time: 12:47
Spanish to English
+ ...
thanks:-) Jan 22, 2009

Ramon Somoza wrote:

Lia Fail wrote:

However, I can't see that it's available in ES yet, so I wonder how us lot in Spain could submit a claim (in a legal system already on the point of collapse:-( )


Check this link, which lists it in different languages.

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2007&nu_doc=861

Spanish is the second from the left.


Terrific! Thanks Ramón. Now the only problem remainining is lodging the claim in a Spanish Juzgado and seeing the blank look on their faces:-) I have no claim pending, but hopefully if and when it ever comes to that, they'll know what I'm talking about.


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Sebastian Witte  Identity Verified
Germany
Local time: 12:47
Member (2004)
German to English
+ ...
Where are the forms for filing these claims? Jan 23, 2009

I can't seem to find'em. Not even at the link posted by Lia.

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Vito Smolej
Germany
Local time: 12:47
Member (2004)
English to Slovenian
+ ...
TOPIC STARTER
European Judicial Atlas in Civil Matters Feb 15, 2009

http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm

contains entries of interest:

Competent Courts
Legal Aid
Serving Documents
European Payment Order
Small Claims
Taking Evidence
Recognizing and Enforcing Judgement
Compensation of Crime Victims

the documents themselves can be found under

http://ec.europa.eu/justice_home/judicialatlascivil/html/epo_filling_de_de.htm

(change de_de to your language of choice)


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