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Simplified trans-border litigation from 2009 |
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Wednesday, 09 April 2008 |
Until now, trans-border litigation has been a long, complicated and costly nightmare, involving lawyers from both countries, multiple hearings and translation fees, and almost requiring a law degree to understand it all.
The good news is that the European Commission is planning to institute a simpler procedure to resolve European disputes concerning sums of up to E2,000 from January 1, 2009. This will apply to travel, goods bought etc, but will not apply to problems with customs, inheritance, marriage, social security or employment nor will it replace the existing legislation. It is intended to complement the current procedures.
With the new simplified system, a form will have to be filled in and sent either by post or by email, depending on what the judge requires, accompanied by any documentary proof. Generally most judges will be satisfied with these documents. They can insist on an audience if they feel the necessity, but a lawyer’s presence will no longer be necessary and in some cases witnesses will be heard on videotape if the technology is available.
The procedure should be fast – rulings will have to be made within six months of the demand being registered – and will be automatically recognised and carried out by the other EU member state without further ado.
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