The essay analyzes the EC Regulation no. 861/2007 on the European Small Claims Procedure. After having outlined genesis, purpose and scope of the Regulation, the essay focuses on the relationships between the uniform rules laid down by it and the national procedural rules to be applied within the procedure so as to determine what is the space left to national law both to integrate the Regulation and to achieve the correct carrying out of the procedure before the national courts. Hence, the analysis touches upon the enforcement of the judgment as the most innovative feature of the Regulation with respect to the other Regulations adopted in the civil and commercial matter. Some of these Regulations come up for filling the gaps of the Regulation no. 861/2007, especially as to the jurisdiction and to the service of the acts. In the same perspective of the co-ordination with other Regulations, the essay looks into the relationships between the European Small Claims Procedure and the European Enforcement Order as well as the Order for Payment Procedure. In the final part, the essay examines the impact of the Regulation in Italian law and the reasons for extend the European procedure to the small internal disputes.

Il procedimento europeo per le controversie di modesta entità

LEANDRO, Antonio
2009-01-01

Abstract

The essay analyzes the EC Regulation no. 861/2007 on the European Small Claims Procedure. After having outlined genesis, purpose and scope of the Regulation, the essay focuses on the relationships between the uniform rules laid down by it and the national procedural rules to be applied within the procedure so as to determine what is the space left to national law both to integrate the Regulation and to achieve the correct carrying out of the procedure before the national courts. Hence, the analysis touches upon the enforcement of the judgment as the most innovative feature of the Regulation with respect to the other Regulations adopted in the civil and commercial matter. Some of these Regulations come up for filling the gaps of the Regulation no. 861/2007, especially as to the jurisdiction and to the service of the acts. In the same perspective of the co-ordination with other Regulations, the essay looks into the relationships between the European Small Claims Procedure and the European Enforcement Order as well as the Order for Payment Procedure. In the final part, the essay examines the impact of the Regulation in Italian law and the reasons for extend the European procedure to the small internal disputes.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/79766
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