EU Cross Border Disputes & Litigation

If you would like advice on making or defending a claim against a person or a company based in another EU Member State please contact us for a no-obligation discussion.

We regularly advise on issues relating to:

  • The Rome Convention 1980 and the Rome I Regulation regarding contractual obligations
  • The Rome II Regulation on non-contractual obligations and other EU enactments
  • The law applicable to evidentiary and procedural matters (Art. 15)
  • The law applicable to assessment of damages
  • The limitations on party autonomy and choice of applicable law
  • Implied choice of law
  • No express or implied choice of law (Art. 4) - ‘close connection’
  • Scope of applicable law in contractual matters
  • Choice of law in particular areas of litigation – e.g. product liability, unfair competition, infringement of intellectual property rights

The "Brussels I" Regulation sets out which courts should hear a cross-border dispute. Subject to certain exceptions, the general rule is that the courts of the Member State where the defendant resides should hear a case.

The following procedures seek to simplify and speed up the administration of cross-border claims in th EU and make it easier to take enforcement action:

European Payment Order

This procedure applies for "uncontested pecuniary claims". If the defendant does not respond or file a statement of opposition to the claim, the EPO will become automatically enforceable.

European Enforcement Order

This is a certificate which accompanies a national judgment, a court settlement or an authentic instrument, allowing it to be enforced in another Member State. This process also applies to claims against someone who does not contest the claim, where a national judge has already determined that a claimant is owed the money in question.

European Small Claims Procedure

This process applies to cross-border cases with a value up to €2000, excluding interest.