European judicial procedures

If you live in Europe and want to claim against a German party, there are two judicial procedures to help you:

Update: July 2017

European Small Claims Procedure

By establishing a European Small Claims Procedure the EU Commission seeks to improve and simplify procedures in civil and commercial matters where the value of a claim does not exceed 5000 €. The Regulation also establishes time limits for the parties and for the court in order to speed up litigation.

This Council Regulation 861/2007 of 11 July 2007 applies between all Member States of the European Union with the exception of Denmark.

The Small Claims procedure operates on the basis of standard forms. It is a written procedure unless an oral hearing is considered necessary by the court. The ATLAS provides you with information concerning the application of the Regulations and a user-friendly tool for filling in the forms.  

 

European Payment Order

By creating a European order for payment procedure creditors can recover their uncontested civil and commercial claims according to a uniform procedure that operates on the basis of standard forms. The procedure usually does not require presence before the court, but in special cases this can be necessary. The claimant only has to submit his application, after which the procedure will lead its own life. It does not require any further formalities or intervention on the part of the claimant.

The Council Regulation 1896/2006 of 12 December 2006 applies between all Member States of the European Union with the exception of Denmark.

In Germany, Amtsgericht Wedding - Europäisches Mahngericht Deutschland - has exclusive jurisdiction (as pertaining to the European order for payment procedure) for all German Civil Courts - with the exception of claims relating to Labor Law. Applications concerning such claims will have to be submitted to the Labor Courts.

The Regulation provides for seven standard forms. The ATLAS provides you with information concerning the application of the Regulations and a user-friendly tool for filling in the forms.  

There is another possibility on the European e-Justice Portal.   

In Germany, application forms have to be submitted in paper form they cannot be submitted online or in any other way electronically. The application form (Form A) can be filled out online and then printed.

As soon as the technical conditions for an Electronic Application have been created you will find information posted on the homepage of the Europäisches Mahngericht Deutschland Website.  

 

 

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