- Modifications of EU Procedures for Small Claims and Payment Order
On the 24th of December, the Regulation (EU) n° 2015/2421 of 16 December 2015 amending Regulation (EC) n° 861/2007 establishing a European Small Claims Procedure and Regulation (EC) n° 1896/2006 creating a European order for payment procedure has been published in the Official Journal of the EU (L341/1).
The main amendments to the regulation n° 861/2007 are:
- an increase of the ceiling as regards the value of a claim to 5000 euros (instead of 2000 euros);
- an incentive addressed to the parties and the courts to take advantage of the technological;
- developments to reduce to cost and the length of procedures;
- an incentive to use the electronic service of documents;
- a clarification as to the recoverable court fees;
- the creation of a practical assistance for filling the forms related to the regulation.
The amendments to the regulation n0 1896/2006 concern essentially the effects of the opposition made by the defendant to the European Payment Order Procedure. In this case, the dispute could be settled through the European Small Claims Procedure.
This new regulation will be applicable as from July 2017.
- The EU Commission launches a new platform for alternative dispute resolution between consumers and online traders
On 9 January 2016, the European Commission has opened its new online dispute resolution (ODR). The platform will allow consumers and traders to settle their online disputes at the click of a mouse, both for domestic and cross-border purchases, without the need to go through lengthy and costly court proceedings.
Since the 10th of January, the platform is opened to alternative dispute resolution (ADR) bodies which can sign up and familiarise themselves with the platform before it is opened for use by consumers and traders on 15 February 2016.
- The EU Commission launches an EU Consumer Law Fitness Check
On the 11th of January, the European Commission has published a Roadmapfor an upcoming overall evaluation (Fitness Check) of EU consumer law in 2016 and 2017. Stakeholders are invited to send feedback on the roadmap within the next four weeks.
- The EU Commission launches a public consultation on the current notification procedure under the Service Directive
On the 26th of January 2016, the EU Commission launched on a possible proposal to reform the procedure whereby Member States notify new regulatory requirements applicable to services providers. In fact, experience and assessment of the application of the current notification procedure under the Services Directive point to a number of difficulties with it. These issues mean that it is not possible to ensure an effective preventive enforcement of the Services Directive, i.e. ensuring that all new and changed national regulation is non-discriminatory, justified and proportionate, without the Commission having to initiate legal infringement proceedings against already adopted measures.
The aim of this public consultation is to seek the view of stakeholders on the existing services notification procedure established by the Services Directive and on potential improvements of that procedure.
The consultation consists of an online questionnaire that is available until the 19th of April 2016.