Toolkit on the European Small Claims Procedure - Competence
1. Substantive scope (Article 2)
Article 2 of the Regulation states that this Regulation shall apply, in cross-border cases, to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta jure imperii).
In addition, are excluded from its scope:
- the status or legal capacity of natural persons;
- rights in property arising out of a matrimonial relationship, maintenance obligations, wills and succession;
- bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
- social security;
- arbitration;
- employment law;
- tenancies of immovable property, with the exception of actions on monetary claims; or;
- violations of privacy and of rights relating to personality, including defamation.
We can also specify that the use of this regulation is optional and in no way prevents the use of a national procedure if this one could be more effective for the Member State.
To know which jurisdiction is materially competent, reference must be made to the communications made by the Member States to the European Commission.
2. Geographical scope (article 3)
2.1. Notion of cross-border dimension and territorial competence
Article 2 of the Regulation states that for the purposes of this Regulation, a cross-border case is one in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court or tribunal seised.
The domicile must be determined in accordance with articles 62 and 63 of Regulation (EU) n° 1215/2012 of the European Parliament and of the Council, known as 'Brussel I a'.
2.2. Relevant moment for determining whether a case is a cross-border case
The relevant moment for determining whether a case is a cross-border case is the date on which the claim form is received by the court or tribunal with jurisdiction.
