European Small Claims Procedure

If you are a consumer based in EU country and you have a claim against a Bulgarian trader on the amount up to EUR 5 000, you could use the option for European Small Claims Procedure. It is an alternative to national procedure for cross-border litigation and applies for smaller claims on civil and commercial matters - usually, when the customer is not able to reach the trader in other EU country or disagrees to be involved in a standard court procedure and to pay the high legal costs.

The European Small Claims Procedure is regulated under the Regulation No 861/2007 for European Small Claims Procedure. The procedure is applicable in all EU countries except Denmark.

However, the procedure shall not apply to:

  • revenue, customs or administrative matters

  • family rights arising from marriage (such as maintenance), wills and successions

  • social security and employment entitlements

  • the liability of the state

A judgment given in this procedure is recognized and enforceable in another Member State without the need for a declaration of enforceability.

The consumer is able to use the European Small Claims Procedure to make a claim against: another business, organization or another customer.

The Bulgarian Civil Procedure Code provides special provisions for this specific European legal instrument as for filing of application as for appeals against a European small claims decision.

As it is mostly a written procedure and the consumer should send the documents to the competent court, our law firm could support the consumers in such of cases.

Alternative dispute resolution for consumer disputes

Alternative dispute resolution (ADR) means settling a complaint out of court with the assistance of an impartial dispute resolution body.

If the dispute relates to an online purchase, the online dispute resolution (ODR) platform allows the consumer to submit a complaint online to an ADR body in any language and in any EU country. Usually, the process happens entirely online, takes about 90 days following the choice of ADR body, and is provided for free or for a nominal charge.

We are ready to assist you as consultants in any cases of consumer disputes, including to represent the client in ADR proceedings.