Redacción

COMMERCIAL CONFLICTS IN THE EU: HOW TO EASILY RESOLVE THEM WITH THE EUROPEAN SMALL CLAIMS PROCEDURE

Por Redacción MCHM Abogados / 15 de agosto de 2025

💡 MCHM Lawyers - Lawyers - Payment Order Procedure, European Payment Order Procedure, European Small Claims Procedure
📎 Commercial conflicts in the EU: How to easily resolve them with the European Small Claims Procedure
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👉 The European Small Claims Procedure: A strategic way to resolve commercial conflicts in the EU
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💬In today´s digital commerce environment and free movement of goods and services within the European Union, consumers and small businesses face a recurring challenge: how to effectively claim when a conflict arises with a company located in another EU country? The answer, in many cases, lies in the European Small Claims Procedure, a legal tool designed to facilitate the resolution of low-value cross-border disputes. 🔏
A solution for everyday conflicts
This procedure, created by Regulation (EC) No 861/2007, is intended for civil and commercial disputes whose value does not exceed 5,000 euros, excluding interest and costs. Its main virtue is that it allows citizens and companies to resolve conflicts without resorting to complex or costly judicial procedures.
Who can use it?
Any natural or legal person who has a dispute with another party located in a different EU country (except Denmark) can initiate this procedure. It is especially useful in cases such as:
• Claims for defective products purchased online.
• Services contracted in another country that were not properly provided.
• Unpaid debts between companies from different member states.
How the procedure works
The process begins by submitting Form A, available in all official EU languages. This form must be sent to the competent court, which may be in the claimant´s or defendant´s country, depending on the type of contractual relationship.
Once received, the court will notify the defendant, who will have 30 days to respond. The judge may issue a judgment directly, request more information, or convene a hearing, which can be held by videoconference.
Key advantages
• Uniformity: The procedure is the same in all EU countries, ensuring legal certainty.
• Speed: It is designed to be resolved within short deadlines, avoiding unnecessary delays.
• Automatic enforcement: Judgments issued are recognized and enforceable in any member state without the need for exequatur.
• Cost savings: It is not mandatory to have a lawyer or solicitor, which significantly reduces expenses.
Limitations and precautions
Although it is a very useful tool, it is not without limitations. It does not apply to tax, customs, or administrative matters. Also, it is essential to ensure that the chosen court is competent and that the documentation is complete and, if necessary, translated.
A step toward accessible justice
The European Small Claims Procedure represents a significant advance in protecting the rights of consumers and small businesses in the European single market. Its simplicity, efficiency, and cross-border reach make it a strategic option for those seeking to resolve conflicts without complications.
In a context where online purchases and digital services know no borders, having legal mechanisms that support this reality is essential. This procedure is a clear example of how the European Union works to ensure justice is accessible, even in the most everyday cases.
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