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European Union
European Union
Key definition
Enforcement definition What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...
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European Small Claims Procedure: scope, process, forms, service, costs, appeals and enforcement under EU Regulation 861/2007 (as amended) for cross-border civil claims up to €5,000
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Practice notes
This Practice Note reviews Regulation (EC) 861/2007 creating the European Small Claims Procedure (the ESCP Regulation), as amended by Regulation (EU) 2015/2421, which applies to cross border claims below €5000. It explains the procedure under the Regulation, from initiating the claim right through to Enforcement and related matters, in the usual manner, as appropriate.
What is the small claims procedure?
The small claims procedure was brought in to make small disputes simpler, quicker and less expensive to handle. It is offered to parties as an alternative to the small claims mechanisms operating in Member States. Its advantage is that it removes the need for extra proceedings to recognise and enforce foreign judgments given under an EU Member State’s own small claims procedure. The procedure is determined by the relevant procedural law of the Member State where it is conducted, applying that forum’s rules.
Where is the procedure set out?
The procedure for European small claims issued after 14 July 2017 is contained in Regulation (EC) 861/2007, the ESCP Regulation, as later amended by the following instruments:
- Regulation (EU) 2015/2421
- Commission Delegated Regulation (EU) 2017/1259, replacing Annexes I, II, III and IV to the ESCP Regulation
- Regulation (EU) 2023/2844 on the
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Web page updated on 21/05/2026
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