PIL instrument(s)
European Small Claims Procedure (ESCP)
Case number and/or case name
352659 EJ VERZ 09-4415
ECLI
ECLI:NL:RBMAA:2010:BL4324
Link to original version
Details of the court
Netherlands, First Instance
Articles referred to by the court
European Small Claims Procedure (ESCP)
Article 2
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 2 SubParagraph h
Paragraph 3
Article Annex I
Date of the judgement
05 February 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
The claimant is a legal practitioner that carried out various legal services for the defendant between July and November 2008. For these services, she issued invoices amounting to €1,436.92. These invoices remained unpaid despite various summons although it does not result that the defendant ever disputed the amounts. For this reason, the claimant filed an ESCP requesting the payment of the principle, interest of 9.5% per year (since August 2009) and the costs of the proceedings, including €357 extrajudicial costs. A copy of the claim and of the accompanying documents were sent to the defendant who was given the opportunity to reply, but this did not put forward a defence. The judge retained the Dutch law to be applicable to the claim. The judge awarded the principle (€1,436.92), but decided against the award of the commercial interest as it was not proved that the contract concluded by the parties was a commercial contract. Instead the court awards the claimant statutory interest. With regard to the collection costs requested, the party did not substantiate this or the extrajudicial activities and costs these involved; thus, this claim was partially rejected by the court that awarded the claimant €233 plus €25 for correspondence incurred costs.

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