Where a counterclaim does not fall within the scope of the European Small Claims Procedure, the court shall notify the parties by registered letter with acknowledgement of receipt. It shall inform them that unless the counterclaimant withdraws his claim within a given period of time, the case will be heard and determined in accordance with the procedure on the merits applicable before it. On expiry of that period, if the claimant has not withdrawn his claim, the court shall find that the dispute does not fall within the European Small Claims Procedure.
Where the court decides, of its own motion or at the request of a party, that the dispute does not fall within the scope of the European Small Claims Procedure on the grounds that a counterclaim does not fall within the scope of that procedure, it shall order that the case be remitted to a hearing for determination in accordance with the procedure on the merits applicable before it. At the registry’s request, the parties are notified of this decision and summoned to the hearing by registered letter with acknowledgement of receipt.
The court which has remitted the case to be decided in accordance with the procedure on the merits applicable before it may declare that it does not have jurisdiction under the conditions provided for by this code.