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18/09/2019
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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
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Toolkit on the European Small Claims Procedure - Obtaining the title

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1. Form A : claim form


Article 4, 1 of the Regulation states that the claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I, containing :

  • Rubric 1 - Jurisdiction: name and address of the court
  • Rubric 2 – Claimant and/of reprensentative
  • Rubric 3 – Defendant and/of representative
  • Rubric 4 - Competence : This is the basis of the jurisdiction of the court. If there is no foundation, you have the option of ticking the box 4.8, stating the basis.
  • Rubric 5 – Cross-border nature of the case : One of the three countries filled must be a different country. If this is not the case, we are not in a cross-border dispute.
  • Rubric 6 – Bank details (optional) : These are different payment methods accepted by the European Union. All payment methods should be available at the court where an applicant wishes to initiate the procedure. It is therefore strongly advised to contact the court in advance on the payment of the fees
  • Rubric 7 - Claim : It is necessary to indicate the essential elements of the claim (amount, currency, procedural fees, interest).
  • Rubric 8 – Details of claim : It is appropriate here to indicate all the elements which may support the claim: reasons, evidence, wish for a hearing.
  • Rubric 9 - Certificate : If the claimant wishes to pursue the enforcement of the decision in the EU Member States it must obligatorily check this box in order to be issued the certificate allowing this execution
  • Rubric 10 - Date and signature
  • Appendix - Bank information useful for the payment of court fees.


Article 4, 1° of the Regulation states that the claim Form A is directly send to the court by post or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The European e-justice portal can be checked to find out what means of communication are accepted by each member state.


Article 4, 5° of the Regulation states that Member States shall ensure that the standard claim Form A is available at all courts and tribunals before which the European Small Claims Procedure can be commenced, and that it is accessible through relevant national websites.


2. Form B - Request by the court or tribunal to complete and/or rectify the claim form


Article 4, 4° of the Regulation states Where the court or tribunal considers the information provided by the claimant to be inadequate or insufficiently clear or if the claim form is not filled in properly, it shall, unless the claim appears to be clearly unfounded or the application inadmissible, give the claimant the opportunity to complete or rectify the claim form or to supply supplementary information or documents or to withdraw the claim, within such period as it specifies. The court or tribunal shall use standard Form B, as set out in Annex II, for this purpose.


However, as in Regulation (EC) No 1896/2006 on the European order for payment, this form B is used by the courts:

  • to inform the claimant that they do not accept that Form A is signed and filed through the judicial officer;
  • to request supporting documents;
  • to request a detailed statement of interest;
  • to inform the applicant that certain costs such as the minimum procedural allowance are not granted.


If the claimant does not complete or correct the form within the time-limit indicated by the court, the claim shall reject it purely and simply by informing the claimant of the rejection and indicating, if necessary, whether the applicant is subject to appeal.


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Séparateur

Procedure for obtaining title

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