Belgian consumer wins court case in the Netherlands within 2 months

First positive reactions to European procedure for small claims.

Brief case history

Mr B. lives in Belgium and orders a pump for a swimming pool on a Dutch website at a cost of € 496.50. When he receives the pump, he notices that it does not match the description on the vendor’s website and consequently sends the pump back. Twice the vendor rejects the return and refuses to issue a refund. Mr B. does not accept this refusal and seeks assistance from ECC-Net. Attempts by our Dutch colleagues to reach an amicable agreement between Mr B. and the vendor are unsuccessful as the vendor refuses to react. At our recommendation Mr B. then decides to initiate legal proceedings in order to reclaim his money.

Procedure progress

Mr B. lives in Belgium but, at our recommendation, he takes the matter to a Dutch court. We provided Mr B. with the necessary information to instigate these legal proceedings in another country.

A "European legal procedure for the processing of small cross-border claims" involving claims amounting to less than € 2,000 has been in force since 2009. It is a simple procedure that does not involve any actual travelling. The party making the claim merely has to complete and send the relevant form to the court having jurisdiction.

Mr B. completes the standard form and sends it to the Dutch court. He has to advance the legal fees, in this case € 110 (this varies from country to country).

Upon receipt of Mr B.’s form the Dutch court contacts the opposing party, who is given the opportunity to explain his position. This way the court can decide on the basis of both parties’ positions.

Decision in favour of the consumer

The Dutch court ordered the Dutch trader to pay back € 496.50, the purchase price of the pump, and the legal fees (€ 100).

The judgment was issued within 2 months of Mr B. submitting his petition. The vendor met his obligations without any problem.

However, this is not always the case. If the opposing party had not met its obligations immediately, Mr B. would have been forced to call in a bailiff, or similar agency, to implement the judgment.

Are you faced with a cross-border problem and would you like to initiate legal proceedings?

Mr B.’s case demonstrates that you can enforce your rights in a simple manner, even if the opposing party is based abroad. Other consumers have resorted to the same procedure. These procedures are still in progress but we expect them to be concluded in due course.

As is the case with Mrs D., who bought chairs from a Dutch trader. The chairs wore out within 12 months and the trader refused to observe the legal warranty. The Dutch court ruled in favour of Mrs D., but the judgment has yet to be implemented.

By providing the necessary information ECC-Net can help you through this procedure. For further information on this type of European procedures please refer to the article "Legal procedures for cross-border disputes".