��13 November 2007��Regulation 1393/2007 on the service of documents in civil and commercial matters�e service in the Member States of judicial and �

DG Justice and Consumers

Unit A.1 Civil Justice

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International judicial assistance I.

• Aid offered by the judicial tribunal of one state to the judicial tribunal of a second state, upon request of the latter, for the purpose to assist current judicial proceedings taking place in the state requesting the cooperation of the foreign court.
• Aid (in a narrow sence) consists of the performance of a judicial action, usually service of documents or taking of evidence.
• Legal basis in rules of international law:
• Jurisdiction force of a state („facultas jurisdictionis”) is limited to its territory, courts may not perform procedural actions abroad.

International judicial assistance II.�diplomatic channel of transmission

International judicial assistance III.�consular channel of transmission

International judicial assistance IV.�transmission via central authorities

International judicial assistance V.�direct communication

��EU Regulation 1393/2007��

• Legal Basis:
• Treaty on the Functioning of the European Union
• Article 81 Treaty (Title V)
• Replaces
• 1965 Hague Convention on service of documents, as well as Chapter I of 1954 Hague Convention on civil procedure
• between MS
• Introduces
• Direct court-to-court dealings
• Uniform standard forms
• New language rules
• Postal service

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�Scope (Art. 1)�

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• Service of judicial or extrajudicial document

meaning under the EU Reg.=> See Case C-14/08 (Roda Golf): notarial deed; Case C 223/14 (Tecom Mican): purely private documents

• In civil or commercial matters
• "abroad" (cross-border)
• Address of person to be served should be known

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Main transmission channel:

• EU Regulation 1393/2007:
• Direct court to court communication
• Transmitting Agencies - TA (Art. 2 I) <> Receiving Agencies - RA (Art. 2 II) – usually lower instance courts

Manual of RAs: http://ec.europa.eu/justice_home/judicialatlascivil//html/ds_information_en.htm

https://e-justice.europa.eu/content_serving_documents-373-en.do

• Central Bodies (Art. 3)

Supply information to TA, seek solutions to difficulties

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�Methods of Transmission I��

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• EU Regulation 1393/2007
• Service through TA and RA, Art. 4-11
• Direct Service, Art. 15
• Service by Post, Art. 14
• Diplomatic/Consular Service, Art. 12-13

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Methods of Transmission II

Under the EU Regulation 1393/2007

Plaintiff

TA

RA

Defendant

TA -> RA (3)

TA -> RA (2)

TA -> RA (1)

Direct (1)

Postal (2)

Direct (2)

Postal (1)

Person/body resp.f.s.

Jud. officer/ o.c.p.

Service between TA – RA under the EU Regulation

TA

RA

Addressee

1 Sends document (Art. 4): “directly”, “as soon

as possible”, “by any appropriate means”

4 Informs of completion (Art. 10)

3 Serves document or has it served (Art. 7) in accordance with:

=> Law of MS addressed or

=> Particular form requested by TA (compatible with law of MS of RA)

and

Informs of right to refuse document (Art. 8), if in language other than

=> Official language(s) of MS/place of service, or

=> Language understood by addressee

2 Confirms receipt within 7 days (Art. 6)

�Service by Post within the EU�

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Person/body responsible for service (TA) can also send document by post directly to addressee

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=> Not to RA

Condition: Registered letter with acknowledgement of receipt

Direct Service within the EU

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E

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Any person interested in judicial proceeding can also effect service directly through judicial officer or other copetent person of the MS addressed

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=> No involvement of TA

But: this must be allowed under law of MS addressed:

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• See Communications of MS:

http://ec.europa.eu/justice_home/judicialatlascivil/html/ds_otherinfostate_en.jsp

�Standard Forms under the EU Regulation 1393/2007�

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Request for Service of Documents

Acknowledgement of Receipt

Certificate of Service or Non-service of Documents

Notice of Receipt by appropriate RA having territorial jurisdiction to TA

Notice of Retransmission of Request and Document to appropriate RA

Notice of Return of Request and Document

Notice of right to refuse to accept document

Language of the document to be served II.

• EU Regulation 1393/2007
• Article 8 - Refusal to accept a document
• the addressee may refuse to accept the document to be served… if it is not written in, or accompanied by a translation into, either of the following languages:

(a) a language which the addressee understands;

or

(b) 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.

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Protection of the right of the defence in case of default

Art. 19 EU Regulation 1393/2007

• Same as Artt. 15-16 of 1965 Hague Convention
• limits the possibility for the court to give judgment against a defendant who has not appeared and who was to be served abroad
• enables the judge to free the defendant who has not appeared from the effects of the expiry of the time for appeal against a default judgment given against him/her.

• Thank you!