SMALL CLAIMS PROCEDURE The European procedure for small claims has been established by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007. It is applicable since 1 January 2009 across the European Union except Denmark. This procedure aims to improve access to justice by simplifying procedures for resolving cross-border conflicts in civil and commercial matters, provided that their amount does not exceed ₏ 2,000. If you have a dispute with a professional established in another Member State, you can fill out a standard form. In principle the entire procedure is written and you do not need a lawyer. The decision taken in the framework of the European small claims procedure is recognized and enforced in the Member States without a declaration of enforceability. EUROPEAN ORDER FOR PAYMENT PRODECURE The European order for payment procedure has been implemented in order for consumers to recover a sum of money owed by a debtor who lives in a EU Member State. Created by the European Regulation No. 1896/2006 of 12 December 2006 this procedure simplifies, accelerates and reduces the costs of cross-border disputes in civil and commercial matters if the claim is not contested by the debtor. It is applicable in all Member States of the European Union except Denmark. The European order for payment procedure applies to cross-border disputes, i.e. disputes in which at least one party is habitually resident in a Member State other than that where the court is located. This procedure does not replace the national procedure of injunction to pay. The consumer has to introduce his or her complaint to a court by using a form. The consumer does not have to produce documents supporting their claim. The judge makes his decision within 30 days based solely on a description of the evidence presented by the applicant. The debtor has 30 days from notification of the decision to oppose it. He or she does not have to specify the reasons for the protest. In case of objection, the order for payment procedure leaves room for a formal court proceeding in the applicant's country, unless the debtor renounces this. Once the opposition period expires, the European payment order is declared enforceable directly across the European Union. No other recognition procedure is required, and the injunction has the same force as the decision of a judge. If after you have sent him the decision, the debtor refuses to pay, you must provide the competent authorities of the debtor’s country a copy of the injunction and, possibly, a translation into the official language of that country. The costs of the procedure vary from one Member State to another but will not be higher than the cost of a regular court proceeding. The European order for payment procedure cannot be used for tax, administrative, estates, bankruptcies, social security matters etc. THE ALTERNATIVE DISPUTE RESOLUTION (ADR) SCHEME IN CYPRUS If you have a complaint against a trader based in Cyprus and it is not resolved via the mediation of the ECC-Net, then you can be offered the possibility to submit your complaint to the national ADR scheme.
•
Your claim must either involve (a) the sale, hire purchase or rent of any goods form a trader or (b) the provision of any services from a trader and must not exceed the amount of € 3,000.
•
You only have to pay the nominal fee of €5 - € 17 and the arbitrator’s fee of € 85 or € 170 depending on the amount of your claim. If you succeed in the procedure, you regain the arbitrator’s fee.
•
The decision of the arbitrator is issued within 30 days from the date of the hearing and it is binding on both parties.