IC2BE AG Geldern, 09.02.2011

Summary

The claimant, based in the Netherlands, claims to have paid the German defendant a deposit of € 500 for the purchase of a car. He states that the defendant has sold this car to another person, but refuses to return the deposit. The claimant initiated the legal dispute by transmission of standard Form A of the ESCP. This had various shortcomings, which the court has asked the claimant to adjust with standard Form B. The claimant was asked to explain in more detail the course of events he has stated, including the content of the agreements reached. The claimant did not comply. The court did not serve the claim filed on standard Form A to the defendant. However, the action did not satisfy the mandatory preliminary examination procedure provided for in Art. 4(4) ESCP and must therefore be dismissed compulsively. This was a consequence of Art. 4(4) sentence 3, second case ESCP because the action was clearly unfounded. It also ensued from Art. 4(4) sentence 3, third case ESCP because the claimant had not completed his information on standard Form A in accordance with the court order issued on Form B. The action was not to be served to the defendant before the dismissal since Art. 4(4) sentence 3 ESCP did not provide for a corresponding service. The applicant's request to hold an oral hearing was refused in accordance with Art. 5 (1) sentence 3 ESCP. An oral hearing was only possible in the European Small Claims procedures if the claim has not already been dismissed in the preliminary examination procedure under Art. 4(4) sent. 3 ESCP. Therefore, the lawsuit was dismissed.