European small claims procedure
What to do if you have a problem with a business in another EU country
If you need to resolve a dispute with a business or individual in another EU country (except Denmark), you can use the European small claims procedure. This process is straightforward and does not require a solicitor. Find out about the types of claims you can make, how to apply, what to expect during the process, fees and where to get official forms.
What types of claims can you make under the European small claims procedure?
The European small claims procedure applies to cross-border cases, meaning you and the party you have a dispute with must live in separate EU countries. You can make claims against an organisation, a business or an individual.
Common types of claims include those for:
- Payment for goods or services
- Claims for damages from an accident
- Delivery of goods
- Fulfilment of a contract (doing what has been agreed)
You can find more details on the types of cases covered by the European small claims procedure on the YourEurope website.
The European small claim procedure will only accept consumer cases under €5,000 against businesses and individuals based elsewhere in the EU.
How do you make a European small claim if you are in Ireland?
To make a claim, you must complete a European small claims procedure application form and return it to your local District Court office. You cannot make a claim online.
You can get an application form from the:
- European e-Justice Portal website (download and print a form)
- Small claims registrar at your local District Court
How does the European small claims procedure work in Ireland?
After you send your application form to your local District Court office, the small claims registrar will review at your application and, if needed, ask you to send extra information within a certain time.
When your application is complete, the registrar will prepare an answer form and send it to the person or business you are claiming against within 14 days. The person or business you are claiming against may be referred to as “the defendant”.
The defendant may choose to do one of the following:
- They can admit the claim
- They can dispute or challenge the claim
- They can challenge the court’s jurisdiction
- They can counterclaim
- They might ignore the claim
The defendant has 30 days to respond to the claim. If they do so, the court will forward their response and supporting documents to you within 14 days of receiving them. You can contact the small claims registrar at any time to ask for a progress update. The Courts Service encourages claimants to stay in touch with their local office for updates and support throughout the process (Courts.ie – Small Claims Procedure).
What happens if the business or person you are claiming against disputes your submission to the European small claims court procedure?
If the defendant (person or business you are claiming against) responds by disputing your claim, you must respond to it within 30 days of receiving it. This is referred to as a “counterclaim”.
The Registrar will start a negotiation process between you and the business or person you are claiming against. If your claim cannot be resolved by this process, your claim will be transferred to the District Court for judgement.
The person or business you’re claiming against can also challenge your claim based on legal procedure. For example, they might argue that:
- Your claim doesn’t meet the rules of the European small claims procedure
- The amount you’re claiming is more than the €5,000 limit
- The claim isn’t a cross-border dispute between two EU countries
If their challenge is successful, both you and the other party will be notified within 30 days that the claim cannot go ahead. You can then choose to withdraw your claim and consider using a different legal process that better fits your situation.
What happens if the business or person you are claiming against ignores the claim and does not respond?
If the defendant does not respond to the claim within 30 days, the district court will make a judgement on the claim.
What does it cost to make a European small claim?
The fee for making a claim under the European small claims procedure is €25.
You might also have to pay for translating documents if they are in a language the person or business you are claiming against does not understand. If you win your case, you can claim back these extra costs. If you lose, you may have to pay not only for your own translations but also for any translation or other costs that the other side had because of your claim.
Where to find more information about using the European small claims procedure
You can get further details from the following sources:
How can the European Consumer Centre Ireland help you?
The European Consumer Centre Ireland (ECC Ireland) is a service provided by the CCPC to help consumers if they have a problem with a business in another EU country, Iceland, Norway or the UK. ECC-IE provides information about your rights when shopping and travelling in the EU, as well as complaint letter templates.
Learn more
