Regulation (EC) No. 861/2007 - Verordnung (EG) Nr. 1370/2007

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Regulation (EC) No. 861/2007

Title: Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No. 861/2007 introducing a European procedure for small claims and Regulation (EC) No. 1896/2006 for Introduction of a European order for payment procedure
Designation:
(not official)
EuGFVO, EuBagatellVO
Legal matter: civil right
Basis: Treaty on the Functioning of the European Union , in particular Art. 81
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: July 14, 2017
Reference: ABl. C 226 vom 16.7.2014, S. 43–47
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The EC Regulation No. 861/2007 , the wording Regulation of the European Parliament and of the Council for the introduction of a European procedure for small claims , abbreviated EuGFVO or EuBagatellVO , of July 11, 2007 (published in the Official Journal of the European Community L 199/07 , S. 1) regulates a simplified investigation procedure for small pecuniary claims, which in the member states of the EU (with the exception of Denmark) takes place alongside the national court proceedings and whose decisions are enforceable in other member states . See also:European Small Claims Procedure .

The marginal earnings limit of no more than EUR 2000.00 was increased to EUR 5000.00 by Regulation (EU) 2015/2421 of December 16, 2015. [1]

story

The EuGFVO came into force on January 1, 2009. Sections 1097 ff. ZPO contain supplementary regulations for the implementation of the ordinance in Germany.

With the introduction of a European small claims procedure, small claims in cross-border legal cases should be able to be asserted in simplified procedures. These are usually more time-consuming and cost-effective, but do not displace national court proceedings; the plaintiff rather has a choice. As with the introduction of the European order for payment procedure , regulations for an additional judgment procedure are being drawn up again at European level and the exequatur procedure is no longer applicable (as is the case with the European enforcement order ) .

The regulation does not apply for or in relation to Denmark (Art. 2 Para. 3). An international agreement, as it was made between the EC and Denmark for the EuGVVO at a later date, does not exist for the EuGFVO at the present time (December 2009).

The European small claims procedure can be compared with the district court procedure (§§ 495 ff. ZPO). The procedure before the local courts is also simplified and jurisdiction is established above all if the amount in dispute does not exceed 5,000 euros (Section 23 No. 1 GVG ).

literature

  • Bartosz Sujecki: Abbreviations to note: EuMVVO and EuGFVO. Lawyer Bulletin 05/2011, 374 ( PDF )

Weblinks

Individual evidence

  1. Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No. 861/2007 introducing a European procedure for small claims and Regulation (EC) No. 1896/2006 introducing a European order for payment procedure OJ L 341/1 of December 24, 2015.