Appeal and review
The judgment in the ESCP may be challenged in two possible ways: appeal and review
Appeal: The Regulation does not include a uniform rule on appeal. Whether a judgment in the ESCP may be appealed depends upon the national law of the Member State where the judgment is rendered (Art. 17). Information per Member State is made available in the small claims section of the European judicial atlas.
Review: The ESCP Regulation provides for minimum standards for review of the judgment in the Member State where the judgment was rendered. Pursuant to Article 18, the defendant shall be entitled to apply for a review before the court with jurisdiction of the Member State where judgment was given where:
(a) the claim form or summons to an oral hearing were served by a method without proof of receipt by him personally as provided for in Article 14 of the European Enforcement Order Regulation (service without acknowledgment of receipt), and service was not effected in sufficient time to enable him to arrange for his defense without any fault on his part; or
(b) the defendant was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part. In both cases the defendant should act promptly.
