02005A1117(01) — EN — 22.12.2020 — 001.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B COUNCIL DECISION of 20 September 2005 on the signing, on behalf of the Community, 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 (2005/794/EC) (OJ L 300 17.11.2005, p. 55)

Amended by:









▼B

AGREEMENT

between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters







THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and THE KINGDOM OF DENMARK, hereinafter referred to as ‘Denmark’, of the other part, DESIRING to improve and expedite transmission between Denmark and the other Member States of the Community of judicial and extrajudicial documents in civil or commercial matters, CONSIDERING that transmission for this purpose is to be made directly between local bodies designated by the Contracting Parties, CONSIDERING that speed in transmission warrants the use of all appropriate means, provided that certain conditions as to the legibility and reliability of the documents received are observed, CONSIDERING that security in transmission requires that the document to be transmitted be accompanied by a pre-printed form, to be completed in the language of the place where the service is to be effected, or in another language accepted by the receiving Member State, CONSIDERING that to secure the effectiveness of this Agreement, the possibility of refusing service of documents should be confined to exceptional situations, WHEREAS the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters drawn up by the Council of the European Union by Act of 26 May 1997 ( 1 ) has not entered into force and that continuity in the results of the negotiations for conclusion of the Convention should be ensured, WHEREAS the main content of that Convention has been taken over in Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ( 2 ) (the Regulation on the service of documents), REFERRING to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community (the Protocol on the position of Denmark) pursuant to which the Regulation on the service of documents shall not be binding upon or applicable in Denmark, DESIRING that the provisions of the Regulation on the service of documents, future amendments hereto and the implementing measures relating to it should under international law apply to the relations between the Community and Denmark being a Member State with a special position with respect to Title IV of the Treaty establishing the European Community, STRESSING the importance of proper coordination between the Community and Denmark with regard to the negotiation and conclusion of international agreements that may affect or alter the scope of the Regulation on the service of documents, STRESSING that Denmark should seek to join international agreements entered into by the Community where Danish participation in such agreements is relevant for the coherent application of the Regulation on the service of documents and this Agreement, STATING that the Court of Justice of the European Communities should have jurisdiction in order to secure the uniform application and interpretation of this Agreement including the provisions of the Regulation on the service of documents and any implementing Community measures forming part of this Agreement, REFERRING to the jurisdiction conferred to the Court of Justice of the European Communities pursuant to Article 68(1) of the Treaty establishing the European Community to give rulings on preliminary questions relating to the validity and interpretation of acts of the institutions of the Community based on Title IV of the Treaty, including the validity and interpretation of this Agreement, and to the circumstance that this provision shall not be binding upon or applicable in Denmark, as results from the Protocol on the position of Denmark, CONSIDERING that the Court of Justice of the European Communities should have jurisdiction under the same conditions to give preliminary rulings on questions concerning the validity and interpretation of this Agreement which are raised by a Danish court or tribunal, and that Danish courts and tribunals should therefore request preliminary rulings under the same conditions as courts and tribunals of other Member States in respect of the interpretation of the Regulation on the service of documents and its implementing measures, REFERRING to the provision that, pursuant to Article 68(3) of the Treaty establishing the European Community, the Council of the European Union, the European Commission and the Member States may request the Court of Justice of the European Communities to give a ruling on the interpretation of acts of the institutions of the Community based on Title IV of the Treaty, including the interpretation of this Agreement, and the circumstance that this provision shall not be binding upon or applicable in Denmark, as results from the Protocol on the position of Denmark, CONSIDERING that Denmark should, under the same conditions as other Member States in respect of the Regulation on the service of documents and its implementing measures, be accorded the possibility to request the Court of Justice of the European Communities to give rulings on questions relating to the interpretation of this Agreement, STRESSING that under Danish law the courts in Denmark should — when interpreting this Agreement including the provisions of the Regulation on the service of documents and any implementing Community measures forming part of this Agreement — take due account of the rulings contained in the case law of the Court of Justice of the European Communities and of the courts of the Member States of the European Communities in respect of provisions of the Regulation on the service of documents and any implementing Community measures, CONSIDERING that it should be possible to request the Court of Justice of the European Communities to rule on questions relating to compliance with obligations under this Agreement pursuant to the provisions of the Treaty establishing the European Community governing proceedings before the Court, WHEREAS, by virtue of Article 300(7) of the Treaty establishing the European Community, this Agreement binds Member States; it is therefore appropriate that Denmark, in the case of non-compliance by a Member State, should be able to seize the Commission as guardian of the Treaty, HAVE AGREED AS FOLLOWS:







Article 1

Aim

1. The aim of this Agreement is to apply the provisions of the Regulation on the service of documents and its implementing measures to the relations between the Community and Denmark, in accordance with Article 2(1) of this Agreement.

2. It is the objective of the Contracting Parties to arrive at a uniform application and interpretation of the provisions of the Regulation on the service of documents and its implementing measures in all Member States.

3. The provisions of Articles 3(1), 4(1) and 5(1) of this Agreement result from the Protocol on the position of Denmark.

Article 2

Cooperation on the service of documents

1. The provisions of the Regulation on the service of documents, which is annexed to this Agreement and forms part thereof, together with its implementing measures adopted pursuant to Article 17 of the Regulation and — in respect of implementing measures adopted after the entry into force of this Agreement — implemented by Denmark as referred to in Article 4 of this Agreement, and the information communicated by Member States under Article 23 of the Regulation, shall under international law apply to the relations between the Community and Denmark.

2. The date of entry into force of this Agreement shall apply instead of the date referred to in Article 25 of the Regulation.

Article 3

Amendments to the Regulation on the service of documents

1. Denmark shall not take part in the adoption of amendments to the Regulation on the service of documents and no such amendments shall be binding upon or applicable in Denmark.

2. Whenever amendments to the Regulation are adopted Denmark shall notify the Commission of its decision whether or not to implement the content of such amendments. Notification shall be given at the time of the adoption of the amendments or within 30 days thereafter.

3. If Denmark decides that it will implement the content of the amendments the notification shall indicate whether implementation can take place administratively or requires parliamentary approval.

4. If the notification indicates that implementation can take place administratively the notification shall, moreover, state that all necessary administrative measures enter into force on the date of entry into force of the amendments to the Regulation or have entered into force on the date of the notification, whichever date is the latest.

5. If the notification indicates that implementation requires parliamentary approval in Denmark, the following rules shall apply: (a) legislative measures in Denmark shall enter into force on the date of entry into force of the amendments to the Regulation or within 6 months after the notification, whichever date is the latest; (b) Denmark shall notify the Commission of the date upon which the implementing legislative measures enter into force.

6. A Danish notification that the content of the amendments have been implemented in Denmark, in accordance with paragraph 4 and 5, creates mutual obligations under international law between Denmark and the Community. The amendments to the Regulation shall then constitute amendments to this Agreement and shall be considered annexed hereto.

7. In cases where: (a) Denmark notifies its decision not to implement the content of the amendments; or (b) Denmark does not make a notification within the 30-day time limit set out in paragraph 2; or (c) legislative measures in Denmark do not enter into force within the time limits set out in paragraph 5, this Agreement shall be considered terminated unless the parties decide otherwise within 90 days or, in the situation referred to under (c), legislative measures in Denmark enter into force within the same period. Termination shall take effect three months after the expiry of the 90-day period.

8. Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 7 are not affected hereby.

Article 4

Implementing measures

1. Denmark shall not take part in the adoption of opinions by the Committee referred to in Article 18 of the Regulation on the service of documents. Implementing measures adopted pursuant to Article 17 of that Regulation shall not be binding upon and shall not be applicable in Denmark.

2. Whenever implementing measures are adopted pursuant to Article 17 of the Regulation, the implementing measures shall be communicated to Denmark. Denmark shall notify the Commission of its decision whether or not to implement the content of the implementing measures. Notification shall be given upon receipt of the implementing measures or within 30 days thereafter.

3. The notification shall state that all necessary administrative measures in Denmark enter into force on the date of entry into force of the implementing measures or have entered into force on the date of the notification, whichever date is the latest.

4. A Danish notification that the content of the implementing measures has been implemented in Denmark creates mutual obligations under international law between Denmark and the Community. The implementing measures will then form part of this Agreement.

5. In cases where: (a) Denmark notifies its decision not to implement the content of the implementing measures; or (b) Denmark does not make a notification within the 30-day time limit set out in paragraph 2, this Agreement shall be considered terminated unless the parties decide otherwise within 90 days. Termination shall take effect three months after the expiry of the 90-day period.

6. Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 5 are not affected hereby.

7. If in exceptional cases the implementation requires parliamentary approval in Denmark, the Danish notification under paragraph 2 shall indicate this and the provisions of Article 3(5) to (8), shall apply.

8. Denmark shall communicate to the Commission the information referred to in Articles 2, 3, 4, 9, 10, 13, 14, 15, 17(a) and 19 of the Regulation on the service of documents. The Commission shall publish this information together with the relevant information concerning the other Member States. The manual and the glossary drawn up pursuant to Article 17 of that Regulation shall include also the relevant information on Denmark.

Article 5

International agreements which affect the Regulation on the service of documents

1. International agreements entered into by the Community when exercising its external competence based on the rules of the Regulation on the service of documents shall not be binding upon and shall not be applicable in Denmark.

2. Denmark will abstain from entering into international agreements which may affect or alter the scope of the Regulation on the service of documents as annexed to this Agreement unless it is done in agreement with the Community and satisfactory arrangements have been made with regard to the relationship between this Agreement and the international agreement in question.

3. When negotiating international agreements that may affect or alter the scope of the Regulation on the service of documents as annexed to this Agreement, Denmark will coordinate its position with the Community and will abstain from any actions that would jeopardise the objectives of a coordinated position of the Community within its sphere of competence in such negotiations.

Article 6

Jurisdiction of the Court of Justice of the European Communities in relation to the interpretation of the Agreement

1. Where a question on the validity or interpretation of this Agreement is raised in a case pending before a Danish court or tribunal, that court or tribunal shall request the Court of Justice to give a ruling thereon whenever under the same circumstances a court or tribunal of another Member State of the European Union would be required to do so in respect of the Regulation on the service of documents and its implementing measures referred to in Article 2(1) of this Agreement.

2. Under Danish law, the courts in Denmark shall, when interpreting this Agreement, take due account of the rulings contained in the case law of the Court of Justice in respect of provisions of the Regulation on the service of documents and any implementing Community measures.

3. Denmark may, like the Council, the Commission and any Member State, request the Court of Justice to give a ruling on a question of interpretation of this Agreement. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata .

4. Denmark shall be entitled to submit observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provision referred to in Article 2(1).

5. The Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.

6. If the provisions of the Treaty establishing the European Community regarding rulings by the Court of Justice are amended with consequences for rulings in respect of the Regulation on the service of documents, Denmark may notify the Commission of its decision not to apply the amendments under this Agreement. Notification shall be given at the time of the entry into force of the amendments or within 60 days thereafter.

In such a case this Agreement shall be considered terminated. Termination shall take effect three months after the notification.

7. Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 6 are not affected hereby.

Article 7

Jurisdiction of the Court of Justice of the European Communities in relation to compliance with the Agreement

1. The Commission may bring before the Court of Justice cases against Denmark concerning non-compliance with any obligation under this Agreement.

2. Denmark may bring a complaint before the Commission as to the non-compliance by a Member State of its obligations under this Agreement.

3. The relevant provisions of the Treaty establishing the European Community governing proceedings before the Court of Justice as well as the Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.

Article 8

Territorial application

This Agreement shall apply to the territories referred to in Article 299 of the Treaty establishing the European Community.

Article 9

Termination of the Agreement

1. This Agreement shall terminate if Denmark informs the other Member States that it no longer wishes to avail itself of the provisions of Part I of the Protocol on the position of Denmark, in accordance with Article 7 of that Protocol.

2. This Agreement may be terminated by either Contracting Party giving notice to the other Contracting Party. Termination shall be effective six months after the date of such notice.

3. Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 1 or 2 are not affected hereby.

Article 10

Entry into force

1. The Agreement shall be adopted by the Contracting Parties in accordance with their respective procedures.

2. The Agreement shall enter into force on the first day of the sixth month following the notification by the Contracting Parties of the completion of their respective procedures required for this purpose.

Article 11

Authenticity of texts

This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovene, Slovak, Spanish and Swedish languages, each of these texts being equally authentic.

Hecho en Bruselas, el diecinueve de octubre del dos mil cinco.

V Bruselu dne devatenáctého října dva tisíce pět.

Udfærdiget i Bruxelles den nittende oktober to tusind og fem.

Geschehen zu Brüssel am neunzehnten Oktober zweitausendfünf.

Kahe tuhande viienda aasta oktoobrikuu üheksateistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα εννέα Οκτωβρίου δύο χιλιάδες πέντε.

Done at Brussels on the nineteenth day of October in the year two thousand and five.

Fait à Bruxelles, le dix-neuf octobre deux mille cinq.

Fatto a Bruxelles, addì diciannove ottobre duemilacinque.

Briselē, divtūkstoš piektā gada deviņpadsmitajā oktobrī.

Priimta du tūkstančiai penktų metų spalio devynioliktą dieną Briuselyje.

Kelt Brüsszelben, a kettőezer ötödik év október tizenkilencedik napján.

Magħmul fi Brussel, fid-dsatax jum ta' Ottubru tas-sena elfejn u ħamsa.

Gedaan te Brussel, de negentiende oktober tweeduizend vijf.

Sporządzono w Brukseli dnia dziewiętnastego października roku dwa tysiące piątego.

Feito em Bruxelas, em dezanove de Outubro de dois mil e cinco.

V Bruseli dňa devätnásteho októbra dvetisícpäť.

V Bruslju, devetnajstega oktobra leta dva tisoč pet.

Tehty Brysselissä yhdeksäntenätoista päivänä lokakuuta vuonna kaksituhattaviisi.

Som skedde i Bryssel den nittonde oktober tjugohundrafem.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólonoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por el Reino de Dinamarca

Za Dánské království

For Kongeriget Danmark

Für das Königreich Dänemark

Taani Kuningriigi nimel

Για το Βασίλειο της Δανίας

For the Kingdom of Denmark

Pour le Royaume de Danemark

Per il Regno di Danimarca

Dānijas Karalistes vārdā

Danijos Karalystės vardu

A Dán Királyság részéről

Għar-Renju tad-Danimarka

Voor het Koninkrijk Denemarken

W imieniu Królestwa Danii

Pelo Reino da Dinamarca

Za Dánske kráľovstvo

Za Kraljevino Dansko

Tanskan kuningaskunnan puolesta

På Konungariket Danmarks vägnar

▼M2

ANNEX I

FORM A







REQUEST FOR SERVICE OF DOCUMENTS (Article 8(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.

Reference No of the transmitting agency:

1. TRANSMITTING AGENCY

1.1. Identity:

1.2. Address: 1.2.1. Street and number/PO box: 1.2.2. Place and postcode: 1.2.3. Country:

1.3. Tel.

1.4. Fax ( 3 ):

1.5. Email:

2. RECEIVING AGENCY

2.1. Identity:

2.2. Address: 2.2.1. Street and number/PO box: 2.2.2. Place and postcode: 2.2.3. Country:

2.3. Tel.

2.5. Email:

3. APPLICANT(S) ( 4 )

3.1. Identity:

3.2. Address: 3.2.1. Street and number/PO box: 3.2.2. Place and postcode: 3.2.3. Country:

4. ADDRESSEE

4.1. Identity: 4.1.1. Date of birth, if available:

4.2. Address 4.2.1. Street and number/PO box: 4.2.2. Place and postcode: 4.2.3. Country:

4.6. Identification number/social security number/organisation number/or equivalent (2) :

4.7. Any other information relating to the addressee (2) :

5. METHOD OF SERVICE

5.1. In accordance with the law of the Member State addressed□

5.2. By the following particular method□ 5.2.1. If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law of that Member State: 5.2.1.1. yes□ 5.2.1.2. no□

6. DOCUMENT TO BE SERVED

6.1. Nature of the document: 6.1.1. judicial□ 6.1.1.1. writ of summons□ 6.1.1.2. decision/judgment□ 6.1.1.3. appeal□ 6.1.1.4. other (please specify): 6.1.2. extrajudicial□

6.2. Date or time limit after which service is no longer necessary (2) : … (day) … (month) … (year)

6.3. Language of document: 6.3.1. original BG□, ES□, CS□, DE□, ET□, EL□, EN□, FR□, GA□, HR□, IT□, LV□, LT□, HU□, MT□, NL□, PL□, PT□, RO□, SK□, SL□, FI□, SV□, other□ (please specify) 6.3.2. translation (2) BG□, ES□, CS□, DE□, ET□, EL□, EN□, FR□, GA□, HR□, IT□, LV□, LT□, HU□, MT□, NL□, PL□, PT□, RO□, SK□, SL□, FI□, SV□, other□ (please specify)

6.4. Number of enclosures:

7. LANGUAGE OF INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE THE DOCUMENT

For the purposes of Article 12(2) of Regulation (EU) 2020/1784, please indicate in which of the following languages, in addition to the language of the Member State addressed, the information is to be provided:

7.1. Official language or one of the official languages of the Member State of origin ( 5 ): BG□, ES□, CZ□, DE□, ET□, EL□, EN□, FR□, GA□, HR□, IT□, LV□, LT□, HU□, MT□, NL□, PL□, PT□, RO□, SK□, SL□, FI□, SV□

7.2. Official language of another Member State the addressee might understand: BG□, ES□, CZ□, DE□, ET□, EL□, EN□, FR□, GA□, HR□, IT□, LV□, LT□, HU□, MT□, NL□, PL□, PT□, RO□, SK□, SL□, FI□, SV□

8. A COPY OF THE DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 5(4) of Regulation (EU) 2020/1784)

8.1. Yes (in this case, send two copies of the document to be served)□

8.2. No□

9. REASONS FOR NOT TRANSMITTING THROUGH THE DECENTRALISED IT SYSTEM (Article 5(4) of Regulation (EU) 2020/1784) ( 6 )

Electronic transmission was not possible due to:

□ disruption of the decentralised IT system

□ exceptional circumstances



1. You are required by Article 11(2) of Regulation (EU) 2020/1784 to take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of its receipt. If it has not been possible for you to effect the service within one month of receipt, you must inform this agency by indicating that fact in item 2 of the certificate of service or non-service of documents. 2. If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 10(2) of Regulation (EU) 2020/1784 to contact this agency in order to obtain the missing information or documents using form E in Annex I to Regulation (EU) 2020/1784

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM B ( 7 )







REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED (Article 7(1)(a) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) (2) ( 1 ) OJ L 405, 2.12.2020, p. 40. ( 2 ) This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784.

Reference No of the transmitting agency:

1. TRANSMITTING AGENCY

1.1. Identity:

1.2. Address: 1.2.1. Street and number/PO box: 1.2.2. Place and postcode: 1.2.3. Country:

1.5. Email:

2. REQUESTED AUTHORITY

2.1. Identity:

2.2. Address: 2.2.1. Street and number/PO box: 2.2.2. Place and postcode: 2.2.3. Country:

2.5. Email:

3. ADDRESSEE

3.1. Identity:

3.2. Last known address: 3.2.1. Street and number/PO box: 3.2.2. Place and postcode: 3.2.3. Country:

3.3. Known personal details of the addressee (if natural person), if available: 3.3.1. Name at birth: 3.3.2. Other known name(s): 3.3.3. Date and place of birth: 3.3.4. Identification number/social security number/or equivalent: 3.3.5. Mother’s or father’s name at birth: 3.3.6. Other information:

3.4. Known details of the addressee (if legal person), if available: 3.4.1. Registration number or equivalent: 3.4.2. Name(s) of the member(s) of the board/representative:

3.8. Other information, if available:

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM C ( 9 )







REPLY TO THE REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED (Article 7(1)(a) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) (2) ( 1 ) OJ L 405, 2.12.2020, p. 40. ( 2 ) This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784.

Reference No of the requested authority:

Reference No of the transmitting agency:

1. ADDRESSEE

1.1. Identity:

1.2. Known address: 1.2.1. Street and number/PO box: 1.2.2. Place and postcode: 1.2.3. Country:

1.3. No address could be determined□

1.4. Other information:

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM D







ACKNOWLEDGEMENT OF RECEIPT (Article 10(1) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.







This acknowledgement of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (1) ( 1 ) The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

1. DATE OF RECEIPT:

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM E







REQUEST FOR ADDITIONAL INFORMATION OR DOCUMENTS FOR THE SERVICE OF DOCUMENTS (Article 10(2) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

1. The request cannot be executed without the following additional information: 1.1. Addressee’s identity ( 10 ): 1.2. Date of birth (10) : 1.3. Identification number/social security number/organisation number/or equivalent (10) : 1.4. Other (please specify):

2. The request cannot be executed without the following documents: 2.1. Documents to be served (10) : 2.2. Proof of payment (10) : 2.3. Other (please specify):

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM F







NOTICE OF RETURN OF REQUEST AND DOCUMENT (Article 10(3) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) ( 1 ) OJ L 405, 2.12.2020, p. 40.







The request and document must be returned on receipt.

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

1. REASON FOR RETURN:

1.1. The request is manifestly outside the scope of the Regulation: 1.1.1. address unknown□ 1.1.2. the matter is not civil or commercial□ 1.1.3. the service is not from one Member State to another Member State□ 1.1.4. other (please specify):

1.2. Non-compliance with the formal conditions required makes service impossible: 1.2.1. the document is not easily legible□ 1.2.2. the language used to complete the form is incorrect□ 1.2.3. other (please specify):

1.3. The method of service is incompatible with the law of the Member State addressed (Article 11(1) of Regulation (EU) 2020/1784)□

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM G







NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY (Article 10(4) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.







The request and document were forwarded to the following receiving agency, which has territorial jurisdiction to serve it:

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

1. APPROPRIATE RECEIVING AGENCY

1.1. Identity:

1.2. Address: 1.2.1. Street and number/PO box: 1.2.2. Place and postcode: 1.2.3. Country:

1.3. Tel.

1.4. Fax ( 11 ):

1.5. Email:

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM H







ACKNOWLEDGMENT OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY (Article 10(4) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) ( 1 ) OJ L 405, 2.12.2020, p. 40.







This acknowledgment of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (1) ( 1 ) The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

DATE OF RECEIPT:

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM I ( 12 )







REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS (Article 11(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.







Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency.

Reference No of the transmitting agency:

Reference No of the receiving agency (if available):

1. THE REQUEST WAS SENT BUT NO INFORMATION ON SERVICE OR NON-SERVICE HAS BEEN RECEIVED

1.1. The request was sent□ date: …

1.2. The acknowledgement of receipt was received□ date: …

1.3. Other information was received□

2. TRANSMITTING AGENCY

2.1. Identity: Items 2.2 to 2.6 are optional when a copy of the request for service of documents is attached:

2.2. Address: 2.2.1. Street and number/PO box: 2.2.2. Place and postcode:

2.3. Country:

2.4. Tel.

2.5. Fax ( 13 ):

2.6. Email:

3. RECEIVING AGENCY

3.1. Identity: These items are optional when a copy of the request for service of documents is attached:

3.2. Address: 3.2.1. Street and number/PO box: 3.2.2. Place and postcode:

3.3. Country:

3.4. Tel.

3.6. Email:

4. ADDRESSEE

4.1. Identity: 4.1.1. Date of birth, if available:

These items are optional when a copy of the request for service of documents is attached:

4.2. Address: 4.2.1. Street and number/PO box: 4.2.2. Place and postcode: 4.2.3. Country:

4.6. Identification number/social security number/organisation number/or equivalent (13) :

4.7. Any other information relating to the addressee (13) :

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM J ( 14 )







REPLY TO REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS (Article 11(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) ( 1 ) OJ L 405, 2.12.2020, p. 40.

Reference No of the requested authority:

Reference No of the transmitting agency:

Addressee:

1. INFORMATION ON STATUS OF SERVICE OF DOCUMENT

1.1. The request was not received□

1.2. The request cannot be executed within one month of receipt for the following reasons: 1.2.1. Determination of current address of addressee is in progress□ 1.2.2. Service is in progress – documents were sent to the addressee, however their delivery has not yet been confirmed□ 1.2.3. Service is in progress – documents were sent to the addressee, however the deadline for refusal has not expired□ 1.2.4. All options for service have not yet been exhausted□ 1.2.5. Service has already been executed, see copy of the certificate attached□ 1.2.6. Request replied to on … (date). Reply attached□ 1.2.7. Request for additional information or document is pending□ 1.2.8. Other□

1.3. It is estimated that the request will be executed by …

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM K







CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS (Articles 11(2), 12(4) and 14 of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.







Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency (Article 11(2) of Regulation (EU) 2020/1784)

Reference No of the transmitting agency:

Reference No of the receiving agency:

Addressee:

1. COMPLETION OF SERVICE (Article 14)

1.1. Date and address of service

1.2. The document was 1.2.1. served in accordance with the law of the Member State addressed, namely 1.2.1.1. handed to□ 1.2.1.1.1. the addressee in person□ 1.2.1.1.2. another person□ 1.2.1.1.2.1. Name: 1.2.1.1.2.2. Address: 1.2.1.1.2.2.1. Street and number/PO box: 1.2.1.1.2.2.2. Place and postcode: 1.2.1.1.2.2.3. Country: 1.2.1.1.2.3. Nature of relationship with the addressee: family□ employee□ other□ 1.2.1.1.3. the addressee’s address□ 1.2.1.1.4. another address (please specify)□ ( 15 ) 1.2.1.2. served by postal services□ 1.2.1.2.1. without acknowledgement of receipt□ 1.2.1.2.2. with the enclosed acknowledgement of receipt□ 1.2.1.2.2.1. from the addressee□ 1.2.1.2.2.2. from another person□ 1.2.1.2.2.2.1. Name: 1.2.1.2.2.2.2. Address: 1.2.1.2.2.2.2.1. Street and number/PO box: 1.2.1.2.2.2.2.2. Place and postcode: 1.2.1.2.2.2.2.3. Country: 1.2.1.2.2.2.3. Nature of relationship with the addressee: family□ employee□ other□ 1.2.1.3. served electronically (please state how):□ 1.2.1.4. served by another method (please state how):□ 1.2.2. served by the following particular method (please state how):□

1.3. The addressee of the document was informed, in accordance with Article 12(2) of Regulation (EU) 2020/1784, in writing that the addressee may refuse to accept the document if it is not written in or accompanied by a translation into either a language which he or she understands or the official language or one of the official languages of the place of service.

2. INFORMATION IN ACCORDANCE WITH ARTICLE 11(2) OF REGULATION (EU) 2020/1784

It was not possible to effect service within one month of receipt□

3. REFUSAL OF DOCUMENT (Article 12(4) of Regulation (EU) 2020/1784)

3.1. The addressee refused to accept the document due to the language used□ 3.1.1. Date of attempt of service: 3.1.2. Date of refusal, if available:

3.2. The document is annexed to this certificate. 3.2.1. Yes□ 3.2.2. No□

4. REASON FOR NON-SERVICE OF DOCUMENT

4.1. Address unknown 4.1.1. Steps to establish the address were undertaken ( 16 ) yes□ no□

4.2. Addressee cannot be located□

4.3. Document could not be served before the date or time limit stated in item 6.2 in the request for service of documents (Form A)□

4.4. Other (please specify)□

4.5. The document is annexed to this certificate yes□ no□

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

FORM L







INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT A DOCUMENT (Article 12(2) and (3) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) ( 1 ) OJ L 405, 2.12.2020, p. 40.

Addressee:

I. INFORMATION TO THE ADDRESSEE

The enclosed document is served in accordance with Regulation (EU) 2020/1784

You may refuse to accept the enclosed document if it is not written in or accompanied by a translation into either a language which you understand or the official language or one of the official languages of the place of service.

If you wish to exercise this right, you must refuse to accept the document at the time of service directly with the person serving the document or within two weeks of service by returning, to the address indicated below, this form completed by you, or a written declaration indicating that you refuse to accept the enclosed document because of the language in which it was provided.

Please note that if you refuse to accept the enclosed document but the court or authority seised of the legal proceedings in the course of which the service became necessary subsequently decides that the refusal was not justified, it may apply legal consequences provided for by the law of the forum Member State, such as deeming the service valid, for unjustified refusals.

II. ADDRESS TO WHICH THE FORM SHOULD BE RETURNED ( 17 ):

1. Identity:

2. Address: 2.1. Street and number/PO Box: 2.2. Place and postcode: 2.3. Country:

3. Reference No:

4. Tel.

5. Fax ( 18 ):

6. Email:

III. DECLARATION OF THE ADDRESSEE ( 19 ):

I refuse to accept the document because it is not written in, or accompanied by a translation into, either a language which I understand or the official language or one of the official languages of the place of service.

I understand the following language(s):







Bulgarian □ Lithuanian □ Spanish □ Hungarian □ Czech □ Maltese □ German □ Dutch □ Estonian □ Polish □ Greek □ Portuguese □ English □ Romanian □ French □ Slovak □ Irish □ Slovenian □ Croatian □ Finnish □ Italian □ Swedish □ Latvian □

Other□ (please specify): …

Done at:

Date:

Signature and/or stamp or electronic signature and/or electronic seal:

ANNEX II

Repealed Regulation with list of the successive amendments thereto







Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79). Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 1). Only amendments to Annexes I and II to Regulation (EC) No 1393/2007

ANNEX III

CORRELATION TABLE







Regulation (EC) No 1393/2007 This Regulation Article 1(1) Article 1(1) Article 1(2) Article 1(2) Article 1(3) - - Article 1(3) - Article 2 Article 2 Article 3 Article 3 Article 4 - Article 5(2), (3) and (4) - Article 6 - Article 7 Article 4(1) Article 8(1) Article 4(2) Article 5(1) Article 4(3) Article 8(2) Article 4(4) Article 8(3) Article 4(5) Article 8(4) Article 5 Article 9 Article 6 Article 10 Article 7 Article 11 Article 8(1) Article 12(1), (2) and (3) Article 8(2) Article 12(4) Article 8(3) Article 12(5) Article 8(4) Article 12(6) Article 8(5) Article 12(7) Article 9 Article 13 Article 10 Article 14 Article 11 Article 15 Article 12 Article 16 Article 13 Article 17 Article 14 Article 18 - Article 19 Article 15 Article 20(1) - Article 20(2) Article 16 Article 21 Article 17 Article 23 - Article 24 - Article 25 Article 18 Article 26 - Article 27 - Article 28 Article 19 Article 22 Article 20 Article 29 Article 21 Article 30 - Article 31(1) - Article 31(2) Article 22(1) Article 31(3) Article 22(2) Article 31(4) Article 22(3) Article 31(5) Article 22(4) Article 31(6) - Article 32 Article 23(1) Article 33(1) - Article 33(2) Article 23(2) Article 33(3) Article 23(3) Article 33(4) - Article 34 Article 24 Article 35(1) - Article 35(2) Article 25 Article 36 Article 26 Article 37 Annex I Annex I Annex II Annex I - Annex II Annex III Annex III