First update of the information communicated by Member States pursuant to Article 23 of 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(1)

(2001/C 202/07)

This update contains fresh information and changes transmitted by the Member States.

There will be a further update for the Netherlands (fresh information relating to Article 9) and for Germany.

Subsequent corrections on matters of fact - changes of address and the like - will be put on the Commission's website (http://europa.eu.int/comm/justice_home/unit/civil_reg1348_en.htm) and not published in the Official Journal of the European Communities.

1. Introduction: the following paragraph is added: "As regards Article 14, the fact that a Member State has not communicated any specific language requirements means implicitly that the language requirements of Article 8 apply."

2. Belgium

The parentheses are removed in Article 2(5) and (7).

The following is inserted as the penultimate paragraph of Article 3: "Information may be sent by post, fax, e-mail or telephone."

Article 9 is replaced by the following: "Article 9

Date of service

Belgiums intends to derogate from the system provided for in Article 9(1) and (2) by extending the scope of paragraph 2, which would then read: 'However, regarding the service of a judicial or extrajudicial document, the date to be taken into account with respect to the applicant shall be that fixed by the law of the Member State of origin'.

Justification

Belgium believes that fixing the date of notification of the document is justifiable on the ground of legal certainty from the applicant's point of view and that it is not prejudicial to the protection of the other party as stipulated by Article 9(1).

In its present form, paragraph 2 can adversely affect the rights of the applicant since, even where the law does not stipulate a time limit for action, it is important to acknowledge the effect of service of a judicial or extrajudicial document.

If a party to an action who has lost the case in a court of first instance wishes to appeal, for instance, they must be able to do so without awaiting formal notification of the judgment.

The same is true if a person wishing to interrupt a limitation period effects service of an extrajudicial document."

The last indent of Article 14 is replaced by the following: "- use of the following form:

'>PIC FILE= "C_2001202EN.001101.TIF">

>PIC FILE= "C_2001202EN.001201.TIF">

>PIC FILE= "C_2001202EN.001301.TIF">'

".

3. Spain

Article 2 is replaced by the following: "Article 2

Transmitting agencies

The transmitting agencies in Spain are the 'Secretarios Judiciales de los distintos Juzgados y Tribunales.'"

The following sentence is added at Article 14: "The translation rules in Articles 5 and 8 of the Regulation must also be complied with."

4. Ireland

Article 4 is replaced by the following: "Article 4

Transmission of documents

Ireland accepts the application form (standard form) in English or Gaelic."

Article 10 is replaced by the following: "Article 10

Certificate of service and copy of the document served

Ireland accepts the certificate form in English or Gaelic."

5. Italy

Article 9 is replaced by the following: "Article 9

Date of service

No derogation is invoked."

The paragraph of Article 19 is replaced by the following: "Italy does not intend to make the statements provided for by paragraphs 2 and 4."

6. Luxembourg

Article 2 is replaced by the following: "Article 2

Transmitting agencies

Bailiffs empowered to serve documents. Court registrars empowered to serve documents."

In Article 19(2), the words "after service" are replaced by "after delivery".

7. Netherlands

Article 9 is replaced by the following: "Article 9

Date of service

The Netherlands intends to derogate from Article 9(1) and (2). The exact form of words will be made known after Parliament has approved it."

8. Portugal

Article 14 is replaced by the following: "Portugal states that it will accept service by post, provided it is made by registered letter with advice of delivery and accompanied by a translation in accordance with Article 8 of the Regulation."

9. Finland

Article 4 is replaced by the following: "Article 4

Service of documents

Finlands accepts the form in English in addition to Finnish and Swedish."

Article 10 is replaced by the following: "Article 10

Certificate of service and copy of the document served

Finland accepts the form in English in addition to Finnish and Swedish."

10. United Kingdom

In Article 3, point 2 (Scotland), the following information is added: " E-mail: David.Berry@scotland.gsi.gov.uk ".

Article 3, point 4, is replaced by the following: "4. Gibraltar The Registrar of the Supreme Court of Gibraltar Supreme Court

Law Courts

277 Main Street Gibraltar Tel. (350) 788 08 Fax (350) 771 18."

Article 14 is replaced by the following: "Article 14

Service by post

Service of a document by post is acceptable by means of registered mail or recorded mail only. A signature must be obtained from the addressee, or any other person who is prepared to accept receipt on behalf of the addressee, as proof of delivery of the document.

The addressee may refuse to accept service of the principal document unless it is accompanied by a certified English translation or by a certified translation into a language which the addressee understands."

The following is added to Article 15: "3. Gibraltar

Gibraltar does not oppose the possibility of direct service provided for by Article 15(1)."

The following is added to Article 19: "3. Gibraltar

When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly."

(1) OJ C 151, 22.5.2001, p. 4.