The defendant, who is resident in Germany, entered into a sales contract for the purchase of a sofa for a total value of € 9,700.00 (which should include 15 % VAT) from the applicant, a company incorporated under Luxembourg law, which deals with the sale of furniture. The amount was to be paid in two down payments of € 3,000.00 and by paying the remainder on acceptance. A deposit was not made by the defendant. Even after several reminders, the defendant did not pay. The applicant now claims lump sum compensation amounting to 20% of the purchase price equal to € 1,940.00 including VAT of € 253.04.
The deciding court considers the complaint admissible. The claimant made use of the European Small Claims Procedure by submitting standard Form A to the competent court. Thus, the applicant took legal action according to § 1097(1) ZPO in the form required by § 253(1) ZPO. The European Small Claims Procedure was also admissible for the applicant’s claim. It was a cross-border case within the meaning of Art. 3(1) ESCP because the applicant was domiciled in Luxembourg and the defendant was domiciled in Germany. The amount in dispute did not exceed the maximum of € 2,000 stipulated in Art. 2(1) sent. 1 ESCP.
The complaint was also well founded. Art. 16 sent. 1 in conjunction with Art. 19 ESCP in conjunction with § 92(1) ZPO was decisive for the decision on costs.