Traitement en cours, merci de patienter...
Saut de ligne
Last update: 
Saut de ligne
Saut de ligne
Au service de la profession d’huissier de justice dans le monde depuis 1952
At the Service of the Profession of Judicial Officer in the World since 1952
Saut de ligne
Saut de ligne
Saut de ligne

Toolkit on the European Small Claims Procedure - Delivery of the title


1. Form C : answer form

The court or tribunal shall hold an oral hearing only if it considers that it is not possible to give the judgment on the basis of the written evidence or if a party so requests. The court or tribunal may refuse such a request if it considers that, with regard to the circumstances of the case, an oral hearing is not necessary for the fair conduct of the proceedings. The reasons for refusal shall be given in writing. The refusal may not be contested separately from a challenge to the judgment itself.

After receiving the properly filled in claim form, the court or tribunal shall fill in Part I of the standard answer form C, as set out in Annex III.

A copy of the claim form (form A), and, where applicable, of the supporting documents, together with the answer form C thus filled in, shall be served on the defendant in accordance with Article 13:

  • by postal service, or
  • by electronic means.

In the two cases the service shall be attested by an acknowledgment of receipt including the date of receipt.

If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Article 13 or 14 of Regulation (EC) No 1896/2006.

Even if this is not clearly indicated, such service shall be done by the court of its own motion if it is to be served within 14 days of receipt of the duly completed Form A.

2. Form C : Opposition of the Defendant

The defendant shall submit his response within 30 days of service of the claim form and answer form, by filling in Part II of standard answer Form C, accompanied, where appropriate, by any relevant supporting documents, and returning it to the court or tribunal, or in any other appropriate way not using the answer form.

A new substantive and adversarial procedure begins before the court which issued the form C.

Saut de ligne
Saut de ligne
Saut de ligne
UIHJ 2010 All Rights Reserved  |  Made by SAILING  |  Powered by WysiUp