EU cross‑border civil litigation library: procedures, forms and official resources

Note: General information only (not legal advice). Always verify scope, conditions and competent authorities on the European e‑Justice Portal and the binding legal texts on EUR‑Lex.

1) The official one‑stop shop: European e‑Justice Portal + European Judicial Atlas (civil matters)

Your primary official starting point is the European e‑Justice Portal. For structured, state‑by‑state practical guidance and contact points, use the European Judicial Atlas in civil matters.

For dynamic forms (fill online and generate a PDF, or download editable forms), start with Online forms and the dedicated forms platform: Online Forms (platform home).

2) EU procedure map for cross‑border civil litigation (from “start” to enforcement)

Think of EU civil justice instruments as modular building blocks for the usual lifecycle of a dispute: (A) jurisdiction and applicable law, (B) standardised procedures for monetary claims, (C) service of documents and taking of evidence, (D) provisional measures, (E) recognition and enforcement.

A) Before you file: jurisdiction and applicable law

Jurisdiction + recognition/enforcement (civil and commercial): Brussels I Recast – Regulation (EU) No 1215/2012 (EUR‑Lex) and the practical page: Brussels I Regulation (recast) (e‑Justice).
Applicable law for contracts: Rome I – Regulation (EC) No 593/2008 (EUR‑Lex).
Applicable law for non‑contractual obligations (torts): Rome II – Regulation (EC) No 864/2007 (EUR‑Lex).

B) Getting paid: EU standard procedures for monetary claims

European Small Claims Procedure (≤ EUR 5,000): official page • start a form: Form A (claim form) • legal basis: Reg. 861/2007 (amended by Reg. 2015/2421).
European Payment Order (EPO): official page • forms: EPO forms • legal basis: Reg. 1896/2006.
European Enforcement Order (EEO) for uncontested claims: official page • forms: EEO forms • legal basis: Reg. 805/2004.
European Account Preservation Order (EAPO): official page • forms: EAPO forms • legal basis: Reg. 655/2014.

C) Litigation “infrastructure”: service of documents and taking of evidence

Service of documents (recast): official Atlas page • general topic page: Service of documents • forms: serving documents forms • legal basis: Reg. 2020/1784.
Taking of evidence (recast): official Atlas page • forms: taking of evidence forms • legal basis: Reg. 2020/1783.

D) Support for parties: legal aid and mediation

Legal aid in cross‑border disputes: Legal aid (e‑Justice) • legal basis: Directive 2002/8/EC (EUR‑Lex).
Mediation (civil and commercial): Mediation (e‑Justice) • legal basis: Directive 2008/52/EC (EUR‑Lex).

3) Table: which EU tool to use, and when

The best fit depends mainly on (1) claim type (money vs other), (2) whether it is contested, (3) where the defendant and assets are located. This table is designed as a quick routing map—always verify eligibility on the official pages linked.

EU instrument	When you use it (typical scenario)	Official forms / guidance	Legal basis
European Small Claims	Cross‑border civil/commercial disputes up to EUR 5,000, using standard forms (often written procedure).	Info • Form A	Reg. 861/2007 • Reg. 2015/2421
European Payment Order (EPO)	Uncontested monetary claim (e.g., an unpaid invoice) against a debtor in another EU Member State.	Info • Forms	Reg. 1896/2006
European Enforcement Order (EEO)	You have an enforceable decision or settlement on an uncontested claim and want enforcement in another Member State.	Info • Forms	Reg. 805/2004
European Account Preservation Order (EAPO)	Urgent provisional measure to preserve funds in bank accounts located in another Member State (subject to strict conditions).	Info • Forms	Reg. 655/2014
Service of documents (recast)	Formal transmission and service of judicial or extrajudicial documents across Member States.	Info • Forms	Reg. 2020/1784
Taking of evidence (recast)	Cooperation between courts to obtain evidence from another Member State (documents, hearings, where available).	Info • Forms	Reg. 2020/1783
Brussels I Recast	Determine jurisdiction and/or recognise/enforce civil and commercial judgments across Member States.	Info	Reg. 1215/2012
Cross‑border legal aid	Check eligibility and apply for legal aid in a cross‑border civil dispute.	Info	Dir. 2002/8/EC
Mediation (EU framework)	Attempt an amicable settlement, including cross‑border mediation support and enforceability aspects (as implemented nationally).	Info	Dir. 2008/52/EC
Rome I / Rome II	Identify the applicable law for contractual or non‑contractual obligations in cross‑border disputes.	European Commission overview	Reg. 593/2008 • Reg. 864/2007

4) Choosing the right route in 5 practical steps

Confirm the cross‑border element: parties in different Member States and/or assets in another country.
Define the claim: money (invoice/price), contract breach, tort, other civil/commercial matter.
Is the monetary claim contested? if not, start with EPO or EEO; if contested or very small, check Small Claims (official page).
Confirm jurisdiction: use Brussels I Recast rules and the Atlas tools (Atlas).
Use official forms: start at Online forms, generate a PDF, and follow the national instructions shown in the Portal.

5) Direct links to official forms and guidance

6) Mini‑glossary (20 terms)

Cross‑border dispute – A dispute connected to at least two Member States (parties, domicile, assets or enforcement). Official source.
Jurisdiction – Rules that determine which court is competent. Official source.
Applicable law – The national law governing the contractual or non‑contractual relationship. Official source.
Brussels I Recast – Core EU instrument on jurisdiction and recognition/enforcement in civil and commercial matters. Official source.
Recognition – Acceptance of a judgment’s effects in another Member State. Official source.
Enforcement – Execution of a judgment; national enforcement law applies, but EU rules facilitate cross‑border circulation. Official source.
Exequatur – Traditional declaration of enforceability; reduced/removed in many EU instruments. Official source.
European Small Claims Procedure – Standard procedure for eligible cross‑border disputes up to EUR 5,000. Official source.
European Payment Order (EPO) – Standard procedure for uncontested monetary claims. Official source.
Opposition – The debtor’s statement contesting an EPO within the time limit. Official source.
Uncontested claim – A claim not opposed/contested within the relevant framework. Official source.
European Enforcement Order (EEO) – Certificate facilitating enforcement of uncontested claims across Member States. Official source.
European Account Preservation Order (EAPO) – Provisional measure to preserve funds in bank accounts in another Member State. Official source.
Service of documents – Formal transmission and service of judicial and extrajudicial documents across Member States. Official source.
Transmitting agency – Designated authority to send documents for service under the framework. Official source.
Receiving agency – Designated authority to receive documents for service under the framework. Official source.
Taking of evidence – Cooperation between courts to obtain evidence located in another Member State. Official source.
Requesting court – The court before which proceedings are pending or contemplated, asking for evidence/service. Official source.
Requested court – The court asked to take evidence under the framework. Official source.
Cross‑border legal aid – Assistance for access to justice in cross‑border disputes, subject to eligibility. Official source.

7) Frequently asked questions (FAQ)

1) I have an unpaid invoice in another EU country. What is a common fast starting point?
If your monetary claim is uncontested, a common starting point is the European Payment Order (Regulation (EC) No 1896/2006) and the official forms on the e‑Justice Portal: https://e-justice.europa.eu/topics/money-monetary-claims/european-payment-order_en and https://webgate.ec.europa.eu/e-justice/156/EN/european_payment_order_forms.

2) What if the debtor opposes the European Payment Order?
If an opposition is lodged in time, the matter can continue under the ordinary civil procedure of the competent court. If the amount is small, check whether the European Small Claims Procedure is suitable: https://e-justice.europa.eu/topics/money-monetary-claims/small-claims_en.

3) When can I use the European Small Claims Procedure?
It is designed for cross‑border civil and commercial cases up to EUR 5,000 (excluding interest, expenses and disbursements) and uses standard forms; start here: https://e-justice.europa.eu/topics/money-monetary-claims/small-claims_en and https://webgate.ec.europa.eu/e-justice/dynform_intro_form_action.do?formSelectiondynform_sc_a_2_action=&idTaxonomy=177.

4) How do I serve court documents to another EU Member State?
Use the EU framework for the transmission and service of documents in civil and commercial matters under Regulation (EU) 2020/1784 and the dedicated online forms: https://e-justice.europa.eu/topics/taking-legal-action/european-judicial-atlas-civil-matters/serving-documents-recast_en and https://online-forms.e-justice.europa.eu/online-forms/serving-documents-forms_en.

5) How do I obtain evidence from another EU Member State (witnesses, documents, video hearings)?
Use the EU framework on cooperation between courts in the taking of evidence under Regulation (EU) 2020/1783 and its official forms: https://e-justice.europa.eu/topics/taking-legal-action/european-judicial-atlas-civil-matters/taking-evidence-recast_en and https://online-forms.e-justice.europa.eu/online-forms/taking-of-evidence-forms_en.

6) Can I freeze a debtor’s bank account in another EU country?
In certain conditions, you may apply for a European Account Preservation Order (EAPO) under Regulation (EU) No 655/2014; start here: https://e-justice.europa.eu/topics/taking-legal-action/european-judicial-atlas-civil-matters/european-account-preservation-order_en and https://webgate.ec.europa.eu/e-justice/contentPresentation.do?idTaxonomy=378.

7) How do EU judgments circulate between Member States for enforcement?
For many civil and commercial judgments, Brussels I Recast (Regulation (EU) No 1215/2012) facilitates jurisdiction, recognition and enforcement; see: https://e-justice.europa.eu/topics/taking-legal-action/european-judicial-atlas-civil-matters/brussels-i-regulation-recast_en and EUR‑Lex: https://eur-lex.europa.eu/eli/reg/2012/1215/oj/eng.

8) Is there EU legal aid for cross‑border disputes?
Yes. Directive 2002/8/EC provides the framework for cross‑border legal aid, and the e‑Justice Portal centralises practical information: https://e-justice.europa.eu/topics/taking-legal-action/european-judicial-atlas-civil-matters/legal-aid_en and EUR‑Lex: https://eur-lex.europa.eu/eli/dir/2003/8/oj/eng.

9) Does Denmark participate in these instruments?
Denmark’s participation depends on the instrument. For example, the Taking of Evidence (recast) Regulation applies between EU Member States except Denmark, while the Service of Documents (recast) framework states it applies between all EU Member States including Denmark (via a parallel agreement). Always check the scope statement on the relevant official e‑Justice page before filing.