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The European Rules of Civil Procedure
- Institution
- University Of Law (ULaw)
These Rules apply to the resolution of domestic and cross border disputes in civil and commercial matters whatever the nature of the court
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The European Rules of Civil ProcedurePART I – GENERAL PROVISIONS
SECTION 1 – Scope
Rule 1. Scope
(1) These Rules apply to the resolution of domestic and cross-
border disputes in civil and commercial matters whatever the
nature of the court.
(2) These Rules do not apply to:
(a) the status or legal capacity of natural persons, rights in
property arising out of a matrimonial relationship or out
of a relationship deemed by the law applicable to such
relationship to have comparable effects to marriage;
(b) bankruptcy, proceedings relating to the winding-up of
insolvent companies or other legal persons, judicial
arrangements, compositions and analogous
proceedings;
(c) social security;
(d) arbitration;
(e) maintenance obligations arising from a family
relationship, parentage, marriage or affinity;
(f) wills and succession, including maintenance obligations
arising by reason of death.
(3) These Rules may also apply where incidental issues arise
which fall within Rule 1(2), if the principal matter in dispute is within
the scope of Rule 1(1).
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SECTION 2 – Principles
A. Co-operation
Rule 2. General
Parties, their lawyers and the court must co-operate to promote the
fair, efficient and speedy resolution of the dispute.
Rule 3. Role of the parties and their lawyers
Parties and their lawyers must:
(a) take reasonable and appropriate steps to settle disputes
amicably;
(b) contribute to the proper management of the
proceedings;
(c) present facts and evidence;
(d) assist the court in the determination of the facts and the
applicable law;
(e) act in good faith and avoid procedural abuse when
dealing with the court and other parties.
Rule 4. Role of the Court – the General Case Management
Duty
The court is responsible for active and effective case management.
The court must ensure that parties enjoy equal treatment.
Throughout proceedings it shall monitor whether parties and their
lawyers comply with their responsibilities under these Rules.
B. Proportionality
Rule 5. Role of the Court
(1) The court must ensure that the dispute resolution process is
proportionate.
(2) In determining whether a process is proportionate the court
must take account of the nature, importance and complexity of the
particular case and of the need to give effect to its general
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management duty in all proceedings with due regard for the proper
administration of justice.
Rule 7. Proportionality of sanctions
Sanctions for breach of any of the rules must be proportionate to the
seriousness of the matter involved and the harm caused and reflect
the extent of participation and the degree to which the conduct
was deliberate.
Rule 8. Proportionality of costs
Costs of proceedings should, in so far as possible, be reasonable
and proportionate to the amount in dispute, the nature and
complexity of the particular proceedings, their importance for the
parties and the public interest.
C. Settlement
Rule 9. Role of the parties and their lawyers
(1) Parties must co-operate in seeking to resolve their dispute
consensually, both before and after proceedings begin.
(2) Lawyers must inform the parties about the availability of
consensual dispute resolution methods, assist them in selecting
the most suitable method, and, where appropriate, encourage its
use. They must ensure that they use any mandatory method.
(3) Parties may ask the court to render a settlement agreement
enforceable.
(4) When a consensual settlement as a whole cannot be reached,
parties must take all reasonable opportunities to reduce the
number of contested issues prior to adjudication.
Rule 10. Role of the Court
(1) The court must facilitate settlement at any stage of the
proceedings. Particularly, it must ensure that the parties consider
settlement in the preparatory stage of proceedings and at case
management conferences. If necessary for furthering the
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settlement process, it may order the parties to appear before it in
person.
(2) The court must inform the parties about the availability of
different types of settlement methods. It may suggest or
recommend the use of specific consensual dispute resolution
methods.
(3) The court may participate in settlement attempts and assist
the parties in reaching a consensual resolution. It may also assist
in drafting settlement agreements.
(4) Where a judge mediates during a settlement process and
receives information in the absence of one of the parties, that
judge must not decide the case.
D. Right to be heard
Rule 11. Fair opportunity to present claim and defence
The court must manage proceedings to ensure that parties have a
fair opportunity to present their case and evidence, to respond to
their respective claims and defences and to any court orders or
matters raised by the court.
Rule 12. Basis of Court Decisions
(1) In reaching any decision in proceedings the court must
consider all factual, evidential, and legal issues advanced by the
parties. Court decisions must specifically set out their reasoning
concerning substantial issues.
(2) The court must not base its decisions on issues that parties
have not had an opportunity to address.
Rule 13. Communications with the Court
(1) The court must not communicate with a party in the absence
of other parties. This prohibition does not apply to without-notice
proceedings or to routine procedural administration.
(2) All communications by parties with the court must be
provided to all other parties at the time when they are made to the
court.
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