1. Judicial documents shall be transmitted directly and as soon as possible between the bodies designated in accordance with Article 2. For that reason, Article 9.1 of the Rules of Procedure lays down the general principle that the date of service is the date on which the document was served on the addressee in accordance with the law of the Member State in which the document is served. The date depends on the content of this law and is not always the date on which the addressee received the document. Each Member State shall designate a transmitting agency, a receiving agency and a central agency to assist transmitting agencies. A claimant wishing to serve documents on a defendant in the EU must submit an application to the transmitting agency. The transmitting agency of the applicant`s Member State shall transmit the documents to the receiving agency of the defendant`s Member State, which shall then arrange for service of the document on the defendant. As regards service by mutual legal assistance, Member States will in future use a decentralised computer system for the transmission of documents. This system still needs to be developed and the corresponding Regulations will therefore enter into force at a later stage (three years after the entry into force of the implementing acts, in accordance with Article 37(2) of the Regulation). the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected. The main purpose of this text is to provide for methods of direct transmission of documents abroad to the addressee or to the competent authorities of the receiving State.
Where the documents, applications, acknowledgements of receipt, acknowledgements of receipt, attestations and other communications referred to in Article 5(1) of the Regulation require or bear a seal or handwritten signature, qualified electronic seals or qualified electronic signatures within the meaning of Regulation (EU) No 910/2014 may be used instead. Any person interested in judicial proceedings should be able to effect service of documents directly by the bailiffs, officials or other competent persons of the requested Member State, provided that such direct service is permitted by the law of that Member State. The European Union Regulation proposes a rule to adapt the double date principle in Section 9. This principle may seem elusive. How do you deal with the idea of having deadlines for the service of a document? The difficulty for the European legislator was not to interfere with the fundamental principles of the different legal systems of the Member States. As was already the case under the 2007 Regulation, direct service on addressees is permitted in Germany only if German civil procedure law expressly permits direct service (see Article 20 of the Regulation and Article 166(2) of the Code of Civil Procedure, Article 191 et seq. of the Code of Civil Procedure). It is provided for, inter alia, in enforcement and attachment orders. The Regulation is the first international instrument to contain a provision on the date of service. With the exception of the application of this Regulation, this matter shall be governed by national law. On 1 October 2004, the Commission adopted a report on the application of Regulation (EC) No 1348/2000.
The report concludes that the application of Regulation (EC) No 1348/2000 has generally improved and accelerated the transmission and service of documents between Member States since its entry into force in 2001, but that the application of certain provisions is not fully satisfactory. 3. Where it is clear that the request for service does not fall within the scope of this Regulation or where service is not possible due to non-compliance with the formal requirements, the application and the documents transmitted shall be returned to the transmitting agency together with the return decision, together with the return decision, using the standard form set out in Annex I. Where the address of the person on whom the judicial or extrajudicial document is to be served is not known in another Member State, that Member State shall contribute to determining the address as follows: In accordance with Article 3(2) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters … (hereinafter referred to as `the Agreement`), Denmark shall notify the Commission, whenever amendments to the Regulation on the service of documents are adopted, whether or not it intends to implement the content of those amendments. 1. Once the formalities for service of the document have been completed, a certificate attesting to the completion of those formalities shall be drawn up in accordance with the form set out in Annex I, which shall be forwarded to the transmitting agency together with a copy of the document served. The Regulation also provides for an adjustment of the date in the event of opposition by the addressee to the document for lack of translation. Article 8.3 provides: `In that case, the date of service of the document shall be deemed to be the date on which the document is served with translation in accordance with the law of the Member State addressed. However, where, under the law of a Member State, a document must be served within a specified period, the date of service of the original document referred to in Article 9(2) shall be taken into account for the applicant. This provision of Regulation (EC) No 1393/2007 is a direct consequence of the case law of the CJEU (now the ECJ), which introduced the possibility of regularisation for translations (ECJ, 8 November 2005, Leffler case. C-443/03, Europe 2006 com.
No. 28 p. 24, note Idot; Droit et procéd. internationales, La Revue des huissiers de justice 2006 p.9, note Menut; Gas. Friend. N° 102-103 2006 I jur. p. 38, in particular Nicolella; Belgian Commercial Law Review 2006, p. 366, see Ekelmans). Court of Justice of the European Union (ECJ, 9 February 2006, Plumex v Young Sports NV., 2006 European Commission.com. No.
140, p. 32, obs. Idot; Tijdschrift@ipr.be, 2006,. 1. pp. 63-69, note by Retornaz) had occasion to specify that in the case of double transmission via two modes of transport (by post and by facilities), the date of first service must be taken into account for the addressee. in accordance with Article 9 of the Regulation. 1. Where, pursuant to this Regulation, a summons to appear or equivalent document had to be transmitted for service in another Member State and the defendant did not enter an appearance, a decision shall be taken only where it is established: 1. Each Member State shall be free to have judicial documents served directly through its diplomatic or consular agents on persons domiciled in the territory of another Member State, without the use of force. 2. The transmission of documents, applications, attestations, acknowledgements of receipt, attestations and other documents between transmitting agencies and receiving agencies may be effected by any appropriate means, provided that the content of the document received corresponds to that of the document transmitted and that all the information contained therein is easily legible.
The European legislator intends to further improve and accelerate the transmission and service of judicial and extrajudicial documents between Member States in civil and commercial matters, while ensuring a high level of security and protection in the transmission of such documents, respecting the rights of recipients and protecting privacy and personal data. 2. Any Member State may, in accordance with Article 23(1), announce that, notwithstanding paragraph 1, the court may give a judgment even if no certificate of service has been received, if all of the following conditions are met: Without prejudice to Article 12(5), the date of service referred to in Article 11 shall be: on which, in accordance with the law of the requested Member State, the document is located.
