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The Law Establishing A European Small Claims Procedure

Original Language Title: Laki eurooppalaisesta vähäisiin vaatimuksiin sovellettavasta menettelystä

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Law on a European Small Claims Procedure

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In accordance with the decision of the Parliament:

ARTICLE 1
Scope

This law provides for Regulation (EC) No 861/2007 of the European Parliament and of the Council of the European Parliament and of the Council laying down a European Small Claims Procedure, hereinafter referred to as: Regulation , supplementary provisions.

ARTICLE 2
The competent court

The requirement laid down in the Regulation is examined in Finland in the Helsinki District Court.

ARTICLE 3
Referral to the dispute

Where the requirement does not fall within the scope of the Regulation, the district court informs the applicant that the requirement under the procedure laid down in the Regulation is to be regarded as: Article 1 of Chapter 5 of the Court of Justice In order to meet the challenge. The district court shall, if necessary, request the claimant to complete the challenge application Article 5 of Chapter 5 of the Court of Justice In accordance with

Where, pursuant to Article 5 (5) or (7) of the Regulation, the claim or counterclaim is not dealt with under the procedure laid down in the Regulation, the district court shall inform the claimant and the defendant that the proceedings shall be resumed. Article 15 of Chapter 5 of the Court of Justice Within the meaning of the Regulation. At the same time, the district court should indicate whether the preparation will be continued in writing or orally at the hearing or whether it will be transferred directly to the main proceedings.

If the district court considers that it is not competent to investigate the matter in dispute, the district court must, with the consent of the applicant, refer the matter to the competent district court. However, the district court may refuse to transfer the case if the competent district court is not in a position to resolve any difficulties.

The relevant decisions and other measures of the transferring district court shall remain in force until the District Court, to which the case has been delegated, decides otherwise. No appeal shall be made for the transfer.

§ 4
Appeals appeal

Unless otherwise provided for in the Regulation, appeals against rulings of the Court of Justice given under the Regulation may be appealed against.

§ 5
In the case of conflicting judgments

In the situation referred to in Article 22 (1), the Helsinki District Court shall be deprived of enforcement.

ARTICLE 6
Jurisdiction in the case of suspension or limitation of implementation

The competent authority in the case of a suspension or limitation of the implementation referred to in Article 23 shall be the bailiff.

The measures referred to in Article 23 shall be determined by the General Court itself.

§ 7
Translations

When applying for enforcement in Finland of a judgment given in another Member State in accordance with a Regulation in another Member State, the applicant shall submit a translation of the form referred to in Article 21 (2) (b) of the Regulation to the enforcement officer in accordance with Article 21 (2) (b) of the Regulation In Finnish, Swedish or English.

§ 8
Entry into force

This Act shall enter into force on 12 December 2008.

THEY 157/2008 , LaVM 14/2008, EV 150/2008, Regulation (EC) No 861/2007 of the European Parliament and of the Council; OJ L 199, 11.7.2007