Making a European small claim

Discussion in 'Askaboutlaw' started by ImARebel, Jan 11, 2017.

  1. ImARebel

    ImARebel Registered User

    Posts:
    34
    Hi,

    I was wondering could someone help me, under advice from the ECC I've decided to pursue a European small claim. I went to courts.ie and found the closest court to me that it says deals with this, this being Portlaoise court offices. Before Christmas, I took time off work and I went in and lodged the claim in person but it was clear at the time they'd never seen one before and didn't know what I was talking about.

    Anyway last week I got my fee and paperwork back saying they don't believe it's the correct place to make the claim, despite any reading I've done being to the contrary. They believe it's a jurisdiction issue. They are clearly listed on courts.ie and the European courts website as the court to handle my claim. My understanding from reading is that the claim can be made in the jurisdiction of the claimant or else the jurisdiction of the defendant. I opted for my own jurisdiction

    I've since contacted them to query why they returned the papers to me but have got no response since to either of my queries. I've sent screenshots and quoted relevant websites and I believe I was correct in my application. So I'm assuming their lack of response is their way of saying get lost.

    So where do I go from here? How do I make a European small claim? Where do I make it?

    Any advice would be appreciated, thanks.
     
  2. Jim2007

    Jim2007 Frequent Poster

    Posts:
    1,811
    The website states: "Form A must be sent to the court that has the jurisdiction." This does not say the court closest to you nor do you have the choice of jurisdiction. You need to find the Irish court that has jurisdiction on the matter and apply there. However as most of the EU has civil law rather than common law, you may find the outcome is not as you expect.
     
  3. ImARebel

    ImARebel Registered User

    Posts:
    34
    Ok. But my understanding is that the court does have jurisdiction - maybe I'm wrong. "You must then lodge it with the Registrar in your local District Court office." This is what I did. And Portlaoise is clearly listed as a court with jurisdiction, see screen shot. Am I missing something really obvious?

    How do I start the procedure in Ireland?
    You must fill out a European Small Claims Procedure claim form, giving details of your claim, the amount you are seeking and any other details required. The amount claimed cannot exceed €2,000, excluding interest and expenses. You must then lodge it with the Registrar in your local District Court office. The claim and any other supporting documentation must be in English or Irish, Ireland’s official languages.
     

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