'EU Small Claims Procedure is an opportunity for Maltese consumers, SMEs' - Comodini Cachia

The European Small Claims Procedure (ESCP) offers the potential for improving the way consumers can access justice and have their rights protected, MEP Therese Comodini Cachia said

Nationalist MEP Therese Comodini Cachia called for the realization of the potential of web-based trade, through the use of the European Small Claims Procedure. 

Speaking during a plenary debate at the European Parliament in Strasbourg, the topic of which was the European small claims procedure and European order for payment procedure, Comodini Cachia said, "Businesses and entrepreneurs who have not as yet tapped into the potential of the digital platform for trade of goods and services should see the European Small Claims Procedure (ESCP) as another invitation to take the impetus towards harnessing the opportunities presented by the digital single market as well as participate in the full potential of the internal market.” 

"This Regulation is clearly an example of how the EU can make a difference in citizens´ lives. With this Regulation we are addressing the complaints received from individuals and businessmen who say that it is not worth it to seek your rights when a foreign court is involved. People have often complained that cross border procedures are costly and are sceptical about their effectiveness and efficiency," she said.

The regulation directly addresses obstacles that have so far prevented citizens from seeking the enforcement of their rights across borders and enables individuals as well as companies to do so through a faster and less costly judicial remedy. 

Comodini Cachia stated that “this legislative instrument is particularly important to those who participate in transactions online within the digital single market, be it individuals or companies as it provides them with a quick but just remedy.”

Comodini Cachia argued that the simplified procedure will obtain the trust it deserves from businesses and consumers if the safeguards stated therein are correctly implemented by national authorities and that in this respect national authorities need to invest the necessary resources.

She stated that whereas the ESCP seeks to reduce costs, bureaucracy and time, this does not mean that procedural safeguards for a fair process were being reduced. Comodini Cachia emphasised that “We are offering a fast-track procedure but not at the expense of justice. The Regulation uses technology and establishes ceilings for judicial costs but at the same time ensures equality of arms in proceedings."

The initiative will simplify the procedure for a larger number of cases by increasing the threshold of the value of the claim to €5,000, proposes improving information for consumers and businesses, introduces the use of video-conferencing facilities and encourages electronic communication between the court and the parties thereby reducing travel expenses for the parties. 

Within the Committee for Legal Affairs Comodini Cachia supported the initiative, presented several important amendments and suggested changes in order to not only make the procedure more citizen-friendly, but also to give courts greater latitude to decide when a hearing is absolutely necessary. The proposed Regulation was voted in the European Parliament with a large majority.