ABSTRACT
This article focuses on the European Small Claims Procedure, with a particular emphasis on its application in cross-border cases. It specifically examines the fulfilment of the sine qua non condition under ratione materiae, namely the crossborder element, analysed through the lens of the Court of Justice’s case law concerning this Regulation, as well as the broader context of the Brussels I bis Regulation. The main objective is to explore the possibilities for parties domiciled within the same Member State to initiate the European Small Claims Procedure by invoking a foreign forum clause and to analyse how the cross-border element is articulated within the European judicial area to ensure the application of the Regulation.
Dominika Moravcová, Cross-Border Dispute as a sine qua non in the Regulation Establishing the European Small Claims Procedure (2025) 17(1) European Journal of Legal Studies 57-78. Published 2 September 2025.
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