What is the scope of the Regulation:
This Regulation applies to civil or commercial matters where it is necessary to transmit judicial or extrajudicial documents for service from one Member State to another.
Revenue, customs, administrative affairs or cases of state liability for actions or omissions in the exercise of state authority are not concerned, nor does it apply where the address of the person to be served is unknown.
How does the Regulation work:
Each Member State shall designate:
- the public officers, authorities or other persons, (as know as “transmitting agencies”, competent for the transmission of judicial or extrajudicial documents to be served in another Member State.
- the public officers, authorities or other persons, (as know as “receiving agencies”), competent for the receipt of judicial or extrajudicial documents from another Member State.
Judicial documents shall be transmitted directly and as soon as possible between the agencies above.
The transmission of documents, requests, confirmations, receipts, certificates and any other papers between transmitting agencies and receiving agencies may be carried out by any appropriate means.
The document to be transmitted shall be accompanied by a request drawn up using a standard form.
The form shall be completed in 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, or in another language which that Member State has indicated it can accept.
On receipt of a document, a receiving agency shall, as soon as possible and in any event within seven days of receipt, send a receipt to the transmitting agency by the swiftest possible means of transmission using the standard form.
The receiving agency shall itself serve the document or have it served, either in accordance with the law of the Member State addressed or by a particular method requested by the transmitting agency, unless that method is incompatible with the law of that Member State.
The receiving agency shall inform the addressee, that he may refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week if it is not written in, or accompanied by a translation into, a language which the addressee understands, 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.
When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in a standard and addressed to the transmitting agency.
You can also have other means of transmission and service of judicial documents.
For example, any person interested in a judicial proceeding may effect service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed.
Nevertheless, if, and only if, such direct service is permitted under the law of that Member State.
Nasser Merabet
Attorney
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