|
Unresolved Complaint
Can I use the European Small Claims Procedure against a European airline if I reside outside the EU?
|
What European procedure is that? It will differ from member state to member state.
|
Originally Posted by Often1
(Post 26696025)
What European procedure is that? It will differ from member state to member state.
|
Originally Posted by LukeO9
(Post 26696150)
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. |
Originally Posted by LukeO9
(Post 26696150)
It is the procedure as stated. Since it exists under the laws of the Member States, it does not differ between Member States.
You are better off suing who ever told you that. And more likely to collect ! |
Originally Posted by KLouis
(Post 26697040)
:confused: :confused: :confused:
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. "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. |
Originally Posted by Often1
(Post 26697496)
Rubbish.
You are better off suing who ever told you that. And more likely to collect ! |
Originally Posted by KLouis
(Post 26697040)
:confused: :confused: :confused:
There is no such thing as a European Small Claims Procedure, |
Originally Posted by Often1
(Post 26697496)
Rubbish.
|
Originally Posted by Ditto
(Post 26697538)
So it sounds to me as if it does not apply in the case of the OP residing outside the EU.
It seems a damn good service for those trying to get refunds from European low-cost airlines. |
Originally Posted by LukeO9
(Post 26698266)
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. How is it different than using the relevant procedure of the member state where the airline reside? |
Originally Posted by Ditto
(Post 26698416)
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? |
Originally Posted by LukeO9
(Post 26699131)
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.
You haven't really told us what is your unresolved complaint, why not use someone like http://www.euclaim.co.uk/ |
Originally Posted by Ditto
(Post 26699724)
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/ |
| All times are GMT -6. The time now is 6:28 pm. |
This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.