Have you incurred problems with a company based in another European Member State (MS), Norway or Iceland?
Do you need assistance in seeing your rights enforced?
We offer free assistance!
It is however important to note that before we can act, you will beforehand need to have filed a complaint with the trader in order to find an amicable solution.
You should contact the trader in writing and provide all relevant background information of the situation, thereby informing the trader as to why they are being contacted and what it is you desire or require in view of resolving the issue you are facing.
If you are unable to resolve the issue with the trader, communicate your case to the ECC Luxembourg and we will try to reach a solution amicably.
In order to do so, we need a clear and informative description of the issue, as well as, when available, a copy of all outstanding relevant documents (contract, e-mails, letters etc.). You can either send us this information by e-mail, fax, post or within our online complaint form. You are equally welcome to contact us by phone.
Upon receipt of all relevant documents, our legal team will examine the case and will inform you on how to proceed.
As the case may be, we may contact the trader based in another European country and try to find a solution to the dispute which is acceptable for both parties.
If an amicable solution should not be possible, we can advise you on further possibilities to assert your claims, as for example under an alternative dispute resolution entity or legal proceedings such as the European small claim procedure (ESCP) or the European payment order (EPO).
Should your case be out of our area of competence, as for example disputes with public authorities based in another European country, we can assist you in finding the right contact person.
European small claims procedure
The European small claims procedure (ESCP) was established by virtue of Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 (EU Small claims Regulation). It has been in force in the European Union (EU) since 1 January 2009 with the exception of Denmark.
The ESCP aims to improve access to justice by simplifying procedures in resolving cross-border conflicts in the context of civil and commercial matters, provided that the amount subject to the conflict does not exceed € 5,000 (as of 14 July 2017).
If one finds oneself in a dispute with a professional established in another Member State (MS), one can fill out a standard form, and sent it to the competent court.
In principle the entirety of the procedure is in writing and one must not resort to a lawyer. The decision taken in the framework of the ESCP is recognized and enforced in the MS without a declaration of enforceability.
Please contact us if you have questions about this procedure. As of January 2017, ECC Luxembourg has been the central contact point for consumers and professionals in relation to the EU Small claims Regulatory Framework.
European payment order (EPO)
The European payment order (EPO) has been implemented as to enable consumers to recover a sum of money owed by a given debtor residing in another EU Member State (MS).
Established by European Regulation No. 1896/2006 of 12 December 2006, the EPO simplifies, accelerates and reduces the costs of cross-border disputes in civil and commercial matters, provided the underlying claim is not contested by the debtor. It is applicable in all EU MS with the exception of Denmark.
The EPO procedure applies to cross-border disputes, i.e., disputes in which at least one party is a habitual resident of a MS other than that wherein the relevant court is located.
It is important to note that the EPO does not replace the national injunction payment procedure.
A consumer must introduce their complaint to the court by using a form. It is furthermore not required to produce documents supporting the claim in question.
The judge upon receipt of the claim, takes a decision within 30 days based solely on a substantiated description of the evidence presented by the claimant. The debtor thereupon disposes of 30 days pursuant to notification of the decision to contest it. There is no obligation for the debtor to justify the reasons of their disagreement. In instances of objection however, the EPO procedure does provide for a formal court proceeding in the claimant’s country, under the reservation of the debtor renouncing their opposition.
Upon expiration of the debtor´s period of contesting the claim, the EPO is declared enforceable with direct effect throughout the EU. No other recognition procedure is required, as the injunction bears the same effect as a decision by a judge.
In the eventuality of the debtor refusing to pay upon communication of the injunction, one must provide the competent authorities of the debtor’s MS a copy of the injunction and, and in some instances, a translation in the official language of that country.
The costs of the procedure do vary from one MS to another but will in most cases not be higher than the costs incurred in the context of regular court proceedings.
The EPO procedure cannot be used for tax, administrative, estate, bankruptcy, social security matters, among others.
As of January 2017, the ECC Luxembourg has been the main contact point for consumers and professionals in relation to the EPO.