A procedure also available for disputed claims
An undelivered purchase, a service that fails to conform to the agreement or a disputed invoice can give rise to a low-value cross-border dispute. In these cases, the cost of legal protection weighs particularly heavily on the decision to act. Regulation No 861/2007 establishes a European Small Claims Procedure, available as an alternative to national procedures where its requirements are met.
The procedure concerns cross-border civil and commercial disputes and also operates between Italy and Bulgaria. It is not reserved for consumers: it can cover relationships between businesses. Unlike the European order for payment procedure, it is designed to allow a claim to be examined even where the other party disputes its basis. However, the low value does not dispense with proof of the right claimed or correct identification of the defendant.
The €5,000 threshold and excluded matters
The value of the claim must not exceed €5,000 when the form reaches the competent court; the calculation under Article 2 excludes interest, expenses and other disbursements. Before filing, the claim must be defined precisely, distinguishing principal from ancillary amounts and checking the cross-border requirement in Article 3.
Not every dispute below this threshold is eligible. The Regulation excludes certain matters, including employment, arbitration, insolvency and various family and succession matters. Tenancies of immovable property are also excluded, except for actions concerning monetary claims. Denmark does not participate in the procedure. A connection with another country does not therefore, on its own, allow this procedure to be chosen.
Which court and which documents
The procedure does not create a forum that the creditor may choose freely. The competent court must be identified under the applicable rules, taking into account the parties’ domicile, the nature of the relationship and any contractual clauses. Specific protective rules may apply to consumers. The European e-Justice Portal provides national information and useful tools to guide this assessment.
Proceedings are started using Form A, with the relevant documents attached. A short chronology and an organised file are helpful: contract or order, payment receipt, invoice, proof of delivery, photographs where relevant, and correspondence about the dispute. Each document should support an identifiable fact, avoiding numerous attachments that do not clarify the claim.
A predominantly written procedure
The system uses standard forms and is normally conducted in writing; the court may request clarification, take evidence and hold a hearing where necessary. The Regulation does not make representation by a lawyer mandatory, but this does not remove the need to assess jurisdiction, limitation periods, evidence and applicable law. Assistance can be particularly useful where there are opposing claims or documents in several languages.
The defendant normally has thirty days from service to reply. The timetable in the Regulation is intended to speed up proceedings, but does not guarantee their overall duration. Service, supplementary submissions, translations and evidence-taking may affect timing. It is therefore preferable to assess the process on the actual case documents, without presenting it as automatic recovery.
Costs and cost-effectiveness should be assessed in advance
The value of the claim must be weighed against court fees or charges, translations, any professional assistance and subsequent steps. A favourable outcome does not ensure reimbursement of every cost incurred: Article 16 of the Regulation governs costs and allows unnecessary or disproportionate expenses to be excluded.
An initial assessment should also consider known objections, the strength of the documents and the realistic prospect of payment. If the other party proposes a solution, it is useful to check the amounts, deadlines and arrangements for formalising it. Giving up part of a claim can make economic sense in some cases, but requires an informed comparison with the costs and risks of litigation.
The judgment and enforcement in the other country
A judgment given in the procedure can circulate in the other participating Member States without a separate declaration of enforceability. To proceed, a copy of the judgment and the certificate provided for by the Regulation are required, together with any necessary translations. Enforcement nevertheless follows the national rules of the country where it takes place.
Obtaining an enforceable judgment and collecting payment are therefore different stages. It is useful to check the debtor’s identity, address and lawfully obtainable asset information in good time. The Firm can assess whether the European procedure is proportionate to the case and coordinate the subsequent stage in Bulgaria or Italy, clearly distinguishing the work involved, foreseeable costs and checks still required.