[ParlTrack]

Proposal for a regulation
Recital 6

(6) The European Small Claims Procedure applies to all claims with a cross-border element. This includes cases where the parties are both domiciled in the same Member State and only the place of performance of the contract, the place where the harmful event takes place or the place of enforcement of the judgment is situated in another Member State. In particular, where the claimant may choose under Council Regulation (EC) No 44/200115 [Regulation (EU) No 1215/2012 of the European Parliament and of the Council16 ] between the jurisdiction of the courts of the Member State where both him and the defendant are domiciled and the jurisdiction of the courts of the Member State where the contract is performed or the harmful event took place, the actual choice of the claimant in favour of the courts or tribunals of the Member State of the common domicile should not have the effect of depriving him of the possibility to use the European Small Claims Procedure which would otherwise be available. Furthermore, the European Small Claims Procedure should also be available in cases lodged before courts of EU Member States by or against third country residents. __________________ 15Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1). 16Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).deleted

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Recital 11

(11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore, in order to safeguard the procedural rights of the parties, an oral hearing should always be organised upon the request of at least one of the parties where the value of the claim exceeds EUR 2,000. Finally, courts should seek to reach a settlement between the parties and therefore, where the parties declare their willingness to reach a court settlement, the court should organise an oral hearing for this purpose.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Recital 13

(13) The potential costs of litigation may play a role in the claimant's decision to consider court action. Among other costs, court fees may discourage claimants from taking court action, in particular in those Member States where court fees are disproportionate. The court fees should be ~~proportionate to the value of the claim in order to ensure access to justice for cross- border small claims. This Regulation~~established at a level which does not exceed the fees charged for equivalent procedures which are domes not aim at harmonising court fees; instead, it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants, while at the same time allowing Member States wide discretion in choosing the method of calculation and the amount of court feestic in nature. Fees charged at an equal or lower level will encourage use of the European Small Claims Procedure, in part by positioning it as a cost effective and comparable instrument to more familiar domestic procedures. In Member States where domestic procedures do not exist, court fees should be established at a level which is not disproportionate to the value of the claim.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Recital 14

(14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers ~~and~~, credit or debit card on- line payment systems or other types of distance payment methods should be accepted by all courts and tribunals with jurisdiction in European Small Claims Procedures.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 861/2007
Article 2 – paragraph 2

2. This Regulation shall not apply where, at the time when the claim form is received by the court or tribunal with jurisdiction, all of the following elements, where relevant, are in a single Member State: (a) the domicile or habitual residence of the parties; (b) the place of performance of the contract; (c) the place where the facts on which the claim is based arose; (d) the place of enforcement of the judgment; (e) the court or tribunal with jurisdiction. Domicile shall be determined in accordance with [Articles 59 and 60 of Regulation (EC) No 44/2001]/[Article 62 and 63 of Regulation (EU) No 1215/2012].deleted

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 2

Regulation (EC) No 861/2007
Article 3

~~(2) Article 3 is~~ deleted.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 4

Regulation (EC) No 861/2007
Article 5 – paragraph 1 – second subparagraph – point a

~~(a) the value of the claim exceeds EUR 2,000, or~~deleted

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 9

Regulation (EC) No 861/2007
Article 15a – paragraph 1

1. The court fee charged for a European Small Claims Procedure shall not exceed ~~10% of the value of the claim, excluding all interest, expenses and disbursements. If Member States charge a minimum court fee for a European S~~the court fee charged for an equivalent domestic small Cclaims Pprocedure~~, that fee shall not exceed EUR 35 at the time when the claim form is received by the court or tribunal with jurisdiction~~ in the Member State concerned.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 9

Regulation (EC) No 861/2007
Article 15a – paragraph 2

2. The Member States shall ensure that the parties can pay the court fees by one or more means of distance payment methods, including, but not limited to, bank transfer and credit or debit card on-line payment system.

2014/11/27
Committee: JURI

Sajjad KARIM

Proposal for a regulation
Article 1 – point 16

Regulation (EC) No 861/2007
Article 28 – first paragraph

By [5 years after the date of application], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the operation of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals. An interim report shall be prepared after [2 years after the date of application] which shall examine dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations related to improving the publicity of this instrument.

2014/11/27
Committee: JURI

Activities of Sajjad KARIM related to 2013/0403(COD)

Shadow reports (1)

Amendments (10)

ParlTrack - 2011-2024