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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.