Unresolved Complaint

Old May 28, 2016, 8:20 pm
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Unresolved Complaint

Can I use the European Small Claims Procedure against a European airline if I reside outside the EU?
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Old May 28, 2016, 9:49 pm
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What European procedure is that? It will differ from member state to member state.
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Old May 28, 2016, 10:51 pm
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Originally Posted by Often1
What European procedure is that? It will differ from member state to member state.
It is the procedure as stated. Since it exists under the laws of the Member States, it does not differ between Member States.
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Old May 29, 2016, 7:28 am
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Originally Posted by LukeO9
It is the procedure as stated. Since it exists under the laws of the Member States, it does not differ between Member States.


There is no such thing as a European Small Claims Procedure, irrespective of whether you stated that or not. The judiciary system is different from one Member State to another and, I am not aware of such a special procedure in at least three of them, in which I lived.
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Old May 29, 2016, 10:08 am
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Originally Posted by LukeO9
It is the procedure as stated. Since it exists under the laws of the Member States, it does not differ between Member States.
Rubbish.

You are better off suing who ever told you that. And more likely to collect !
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Old May 29, 2016, 10:18 am
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Originally Posted by KLouis


There is no such thing as a European Small Claims Procedure, irrespective of whether you stated that or not. The judiciary system is different from one Member State to another and, I am not aware of such a special procedure in at least three of them, in which I lived.
Actually, there is... http://eur-lex.europa.eu/legal-conte...ISERV%3Al16028

"The ESCP applies where at least one of the parties is domiciled or habitually resident in an EU country other than that of the court where the action is brought."

So it sounds to me as if it does not apply in the case of the OP residing outside the EU.
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Old May 29, 2016, 12:56 pm
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Originally Posted by Often1
Rubbish.

You are better off suing who ever told you that. And more likely to collect !
I don't know why you would say that. It is commonly used in the UK for EC261 claims against Ryanair from Ireland, amongst others.
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Old May 29, 2016, 1:49 pm
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Originally Posted by KLouis


There is no such thing as a European Small Claims Procedure,
Yes, there is.
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Old May 29, 2016, 1:50 pm
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Originally Posted by Often1
Rubbish.
Incorrect.
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Old May 29, 2016, 1:54 pm
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Originally Posted by Ditto
So it sounds to me as if it does not apply in the case of the OP residing outside the EU.
Thats what I thought, but there isn't anything that specifically states that.
It seems a damn good service for those trying to get refunds from European low-cost airlines.
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Old May 29, 2016, 2:41 pm
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Originally Posted by LukeO9
Thats what I thought, but there isn't anything that specifically states that.
It seems a damn good service for those trying to get refunds from European low-cost airlines.
But why would you want to follow this procedure if you live outside of the EU?
How is it different than using the relevant procedure of the member state where the airline reside?
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Old May 29, 2016, 7:32 pm
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Originally Posted by Ditto
But why would you want to follow this procedure if you live outside of the EU?
How is it different than using the relevant procedure of the member state where the airline reside?
For the particular member state, the procedure is an oral presentation in a court, where, only the application is a written document. The European Small Claims Procedure is a written procedure, where a court is used only in certain cases.
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Old May 29, 2016, 11:27 pm
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Originally Posted by LukeO9
For the particular member state, the procedure is an oral presentation in a court, where, only the application is a written document. The European Small Claims Procedure is a written procedure, where a court is used only in certain cases.
But then the ESCP still eventually goes to the same court, which is allowed to decide to have an oral hearing.
You haven't really told us what is your unresolved complaint, why not use someone like http://www.euclaim.co.uk/
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Old May 30, 2016, 12:59 am
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Originally Posted by Ditto
But then the ESCP still eventually goes to the same court, which is allowed to decide to have an oral hearing.
You haven't really told us what is your unresolved complaint, why not use someone like http://www.euclaim.co.uk/
The court may request an oral hearing, but not necessarily so. Depending on the strength of your case it may give the best outcome.
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