Information communicated by Member States under 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

(2001/C 151/04)

Introduction

This Official Journal contains some of the information that must be published pursuant to Article 23(2) of Regulation (EC) No 1348/2000(1)). It includes the information communicated by the Member States in relation to Articles 2 (transmitting agencies), 3, 4, 9, 10, 13, 14, 15 and 19 of Regulation (EC) No 1348/2000. The information communicated by Germany concerns the temporary measures which apply until the entry into force of the German law implementing the provisions of Community law. It should also be pointed out that Denmark is not bound by the Regulation. The information concerning the receiving agencies designated by each Member State is not given, as the manual in which it is to be gathered has to be laid before the committee established by Article 18 of the Regulation before being published.

The information published here, and in particular the information concerning central bodies, will help with the practical application of the Regulation.

The Regulation provides that the central bodies are responsible for "supplying information to the transmitting agencies", "seeking solutions to any difficulties which may arise" and "forwarding, in exceptional cases, at the request of a transmitting agency, a request for service to the competent receiving agency".

Provided receiving agencies have been designated by their Member States, they may undertake the functions entrusted to them by the Regulation from the date on which it enters into force.

If information regarding receiving agencies is not published, documents served during the period between the date of entry into force of the Regulation and the publication of the information, shall be regarded as "exceptional cases" within the meaning of point (c) of the first paragraph of Article 3.

In practical terms, therefore, until the information regarding receiving agencies has been published, transmitting agencies may approach the central agency of the Member State in the territory of which a document is to be served and request:

- the name, address and other particulars referred to in Article 2(4) relating to the receiving agency or agencies with jurisdiction in their case for the purpose of subsequently making direct contact, or

- transmission of the request for service to the competent receiving agency.

For its contacts with the central body in the Member State in the territory of which the document is to be served, the transmitting agency may, if necessary, be assisted by the central body in its own Member State.

BELGIUM

Article 2

Transmitting agencies

1. Clerks of cantonal courts and local criminal courts.

2. Clerks of courts of first instance.

3. Clerks of commercial courts.

4. Clerks of labour tribunals.

5. Clerks of courts of appeal (and labour courts).

6. Clerks of Court of Cassation.

7. Public prosecutor's office (including office representing the public interest in labour matters).

8. Bailiffs.

Article 3

Central body

The central body is the National Bailiffs' Association of Belgium.

Chambre nationale des huissiers de justice de Belgique/Nationale Kamer van Gerechtsdeurwaarders van België Avenue Henri Jaspar/Henri Jasparlaan 93 B - 1060 Brussels Tel.(32-2) 538 00 92 Fax(32-2) 539 41 11 E-Mail:Chambre.Nationale@huissiersdejustice.be

Nationale.Kamer@gerechtsdeurwaarders.be.

Knowledge of languages: French, Dutch, German and English.

Article 4

Transmission of documents

Apart from French, Dutch and German, Belgium will accept standard request forms which are completed in English.

Article 9

Date of service

Belgium intends to derogate from Article 9.

Article 10

Certificate of service and copy of the document served

Apart from French, Dutch and German, Belgium will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

Belgium is opposed to the exercise in its territory of the right conferred by Article 13(1).

Article 14

Service by post

Belgium accepts service of judicial documents by post on the following conditions:

- registered letter with acknowledgement of receipt or equivalent,

- need for translation in accordance with Article 8,

- use of a specific form to be drafted by the central body.

Article 15

Direct service

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

Article 19

Defendant not entering an appearance

Courts in Belgium, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 are met.

An application for relief provided for by paragraph 4 may be entertained within one year after the judgment has been given.

GERMANY

Until the entry into force of the Act implementing Community provisions on the service of judicial and extrajudicial documents in civil or commercial matters the situation in Germany is provisionally as follows:

(a) all offices, including central authorities(2), responsible under the terms of the Hague Convention of 15 November 1965 on the service of judicial and extrajudicial documents in civil or commercial matters or supplementary provisions concerning this Convention or the Hague Convention of 1 March 1954 relating to Civil Procedure for the service of documents are also responsible for implementation of Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters; and

(b) direct service of documents by post within Germany is permitted only in the form of a registered letter with acknowledgement of receipt and on condition that the documents served are drafted in one of the following languages or that a translation is attached: German or one of the official languages of the Member State from which the documents are served where the addressee is a national of the Member State in question.

GREECE

Article 2

Transmitting agencies

The transmitting agencies are the public prosecutors' offices of the Supreme Court, the courts of appeal and the courts of first instance.

Article 3

Central body

The central body is the Ministry of Justice.

Υπουργείο Δικαιοσύνης/Ipourgio Dikeosinis Mesogíon 96 GR - 11527 Athens Tel. (30-1) 771 41 86 Fax (30-1) 771 59 94.

The persons responsible at the central body are Mrs Argyro Eleftheriadou, Mrs Eirini Kouzeli and Mr Georgios Kouvelas.

Apart from Greek, they have a knowledge of English and French.

Article 4

Transmission of documents

Apart from Greek, Greece will accept standard request forms which are completed in English or French.

Article 9

Date of service

Greece will not be derogating from Article 9(1) and (2).

Article 10

Certificate of service and copy of the document served

Apart from Greek, Greece will accept certificates completed in English or French.

Article 13

Service by diplomatic or consular agents

Greece has no reservations to formulate regarding this Article.

Article 14

Service by post

Service of judicial documents by post is accepted on the condition that the letter is registered and is delivered to the person to whom it is addressed or to his or her authorised legal representative or spouse, or to a child, a brother or sister, or a parent of the addressee.

Article 15

Direct service

Greece has no reservations to formulate regarding this Article.

Article 19

Defendant not entering an appearance

The courts in Greece, notwithstanding paragraph 1, are not bound to give judgment if all the conditions of paragraph 2 are met.

An application for relief provided for by paragraph 4 may be entertained within three years after the judgment has been given.

SPAIN

Article 2

Transmitting agencies

In Spain the transmitting agencies are the clerks of the courts of first instance.

Article 3

Central body

The central body designated by Spain is the Directorate for International Legal Cooperation in the Ministry of Justice.

Subdirección General de Cooperación Jurídica Internacional Ministerio de Justicia San Bernardo, 62 E - 28015 Madrid Fax (34) 913 90 44 57.

The means of receipt currently accepted is postal delivery.

Knowledge of languages: Spanish, English and French.

Article 4

Transmission of documents

Apart from Spanish, Spain will accept standard request forms which are completed in English, French or Portuguese.

Article 9

Date of service

In accordance with Article 9(3), Spain will not apply the provisions of Article 9(2).

The grounds for this derogation reside in the need for legal certainty and the right to effective legal protection. The Spanish legal system cannot allow a date of service to be taken other than that stipulated in Article 9(1), namely the date on which the document is served to the addressee in accordance with the law of the Member State addressed.

In Spain no civil action is subject to a specific time limit; the time-limits for the action will run from the day after the date on which the document is served.

Article 10

Certificate of service and copy of the document served

For the certificate referred to in Article 10 no other language is accepted.

Article 13

Service by diplomatic or consular agents

Spain does not oppose the possibility of service through diplomatic or consular agents in the conditions laid down in Article 13(1).

Article 14

Service by post

Spain accepts service of judicial documents by means of postal delivery, with acknowledgement of receipt, in which case the request form has to be completed in Spanish.

Article 15

Direct service

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

Article 19

Defendant not entering an appearance

Spain makes it known that the courts may lift the suspension of proceedings that has been decided and give judgment, notwithstanding Article 19(1), if the conditions of Article 19(2) are met.

With regard to the court's power to relieve the defendant from the effects of expiry of the time allowed for appeal, Spain makes it known that an application for such relief will not be entertained if it is filed more than one year following the date of the judgment.

FRANCE

Article 2

Transmitting agencies

1. Bailiffs.

2. The court departments (registries, secretariats, etc.) responsible for the service of documents.

Article 3

Central body

The central body is the Office for Judicial Cooperation in Civil and Commercial Matters.

Bureau de l'entraide judiciaire civile et commerciale Direction des affaires civiles et du sceau 13, place Vendôme F - 75042 Paris Cedex 01 Tel. (33) 144 86 14 83 - (33) 144 86 14 01 Fax (33) 144 86 14 06.

Knowledge of languages: French and English.

Article 4

Transmission of documents

Apart from French, France will accept standard request forms which are completed in English.

Article 9

Date of service

France intends to derogate from Article 9(2).

Content of the derogation:

France intends to extend the scope of Article 9(2) by dispensing with the following two conditions:

- that the document is being served in the context of proceedings,

- that the document must be served within a specified period.

Consequently, Article 9(2) should read as follows: "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".

Grounds for the derogation:

For the applicant, the date of service will be the date of transmission of the document by the French transmitting agency.

That date applies in the case not only of procedural documents but of also of extrajudicial documents and bailiffs' documents specified by law in order to fix a definite date of service where that is a condition of the preservation or exercise of a right.

This applies in particular to commercial leases (notice of termination, continuation of lease, change of purpose of lease) or agricultural leases (notice of termination, right to recover the property, pre-emption) and to securities or execution procedures (execution or ejection).

Moreover, legal effects may flow from the date of a document where the date of notification is not fixed by law both in the case of judicial documents, where, for example, time limits for appeals begin from the date of service, and of extrajudicial documents, for example, an order for payment, which can interrupt a limitation period or give rise to liability to interest on arrears.

In those cases it is important for legal certainty that applicants should be informed quickly of a definite date of service.

Article 10

Certificate of service and copy of the document served

Apart from French, France will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

France does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

Article 14

Service by post

Service will be accepted by registered letter with a form for acknowledgement of receipt and a schedule of the documents being sent or any other method ensuring certainty as to the date of sending and receipt and the items sent.

Article 15

Direct service

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

Article 19

Defendant not entering an appearance

Courts in France, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 are met.

An application for relief provided for by paragraph 4 may be entertained within one year after the judgment has been given.

IRELAND

Article 2

Transmitting agencies

In Ireland, the transmitting agencies will be county registrars, who are 26 in number and who are attached to the Circuit Court office in each county.

Article 3

Central body

The Master The High Court Four Courts Dublin 7 Ireland.

Communications in English or Irish may be effected by post, or by fax to the Central Office of the High Court at (353-1) 872 56 69. Communication by telephone to the Central Office of the High Court at (353-1) 888 60 00 is also possible.

Article 4

Transmission of documents

Apart from English and Irish, Ireland will accept standard request forms which are completed in French.

Article 9

Date of service

Ireland intends to derogate from the provisions of this Article. There are difficulties associated with the idea that different dates of service may, in certain circumstances, apply as between applicant and addressee and the introduction at this time of a rule of the kind provided for in this article, particularly in view of the lack of clarity which surrounds its formulation, would not accord with current legal practice.

Article 10

Certificate of service and copy of the document served

Apart from English and Irish, Ireland will accept certificates completed in French.

Article 13

Service by diplomatic or consular agents

Ireland does not oppose this.

Article 14

Service by post

Ireland accepts the service of judicial documents by post where delivery is effected by pre-paid registered post by a company which returns undelivered mail.

Article 15

Direct service

In relation to paragraph 2 of this Article, Ireland does not object to the possibility that any person interested in a judicial proceeding may effect service of judicial documents directly through a solicitor in Ireland.

Article 19

Defendant not entering an appearance

Notwithstanding the provisions of paragraph 1, a court in Ireland may give judgment even if no certificate of service or delivery has been received, if all the conditions set out in paragraph 2 have been fulfilled.

In relation to Article 19(4), it is for the court to satisfy itself that the application for relief has been filed within a reasonable time after the defendant had knowledge of the judgment.

ITALY

Article 2

Transmitting agencies

1. Central offices of bailiffs at courts of appeal

2. Central offices of bailiffs at ordinary courts other than appeal courts and their separate chambers.

Article 3

Central body

The central body is the Central Office of Bailiffs at the Rome Court of Appeal.

Ufficio unico degli ufficiali giudiziari presso la Corte di Appello di Roma via C. Poma, 5 I - 00195 Roma Tel. (39) 06 37 51 73 34 Fax (39) 06 372 46 67.

Documents to be served in Italy must arrive by post and will be returned to the transmitting agencies by the same means.

Knowledge of languages: Italian, English and French.

Article 4

Transmission of documents

Apart from Italian, Italy will accept standard request forms which are completed in English or French.

Article 9

Date of service

There will be no derogation from Article 9(1) and (2) and consequently the date of service will be the date on which a document is served in accordance with the law of the Member State addressed.

Article 10

Certificate of service and copy of the document served

Apart from Italian, Italy will accept certificates completed in English or French.

Article 13

Service by diplomatic or consular agents

Italy is opposed to the service of judicial documents on persons residing in another Member State directly by diplomatic or consular agents (except where the document is served on an Italian national residing in another Member State).

Italy is opposed to the service of judicial documents by the diplomatic or consular agents of a Member State on persons residing in Italy, except where the document is to be served on a national of the Member State in question.

Article 14

Service by post

Service of documents by post is accepted provided that they are accompanied by an Italian translation.

Article 15

Direct service

There is nothing to prevent any person interested in a judicial proceeding effecting service of judicial documents directly through the competent officials of the Member State addressed.

Article 19

Defendant not entering an appearance

Courts in Italy cannot give judgment if the conditions of paragraph 2 are not met.

LUXEMBOURG

Article 2

Transmitting agencies

Bailiffs are designated as transmitting agents.

Article 3

Central body

The central body is the Public Prosecutor's Office at the High Court.

Parquet général près la Cour supérieure de justice Boîte postale 15 L - 2010 Luxembourg Tel.(352) 47 59 81-336 Fax(352) 47 05 50 E-mail:Parquet.General@mj.etat.lu.

Knowledge of languages: French and German.

Article 4

Transmission of documents

Apart from French, Luxembourg will accept standard request forms which are completed in German.

Article 9

Date of service

Luxembourg does not intend to derogate and will be applying Article 9(1) and (2) as worded in the Regulation.

Article 10

Certificate of service and copy of the document served

Apart from French, Luxembourg will accept certificates completed in German.

Article 13

Service by diplomatic or consular agents

Luxembourg is opposed to its diplomatic or consular agents serving judicial and extrajudicial documents in another Member State.

Luxembourg is also opposed to diplomatic or consular agents of other Member States serving such documents in its own territory, except where the document is to be served on a national of the Member State in which the document originates.

Article 14

Service by post

Only notification of service of a judicial document by post will be accepted (under Luxembourg law, service of a judicial document must be done by a bailiff).

Notification of documents by post is subject to the condition that it is by registered letter with acknowledgement of receipt and that the rules on the translation of texts provided for in the Regulation are applied.

Article 15

Direct service

Luxembourg does not object to the possibility provided for in Article 15, as bailiffs in the Member State addressed are not responsible for ensuring that the form and content of the document transmitted direct by the person concerned are in order; they are responsible only for the service formalities and procedures that they will apply in the Member State addressed.

Article 19

Defendant not entering an appearance

Luxembourg states that, notwithstanding Article 19(1), its courts may give judgment if the conditions of Article 19(2) are fulfilled.

Luxembourg states that, under Article 19(4), an application for relief may be rejected if it is not filed within a reasonable time, to be assessed by the court, either from the time when the defendant has knowledge of the judgment or from the time when the impossibility of taking action ended; applications may not be filed more than one year after the decision has been given.

NETHERLANDS

Article 2

Transmitting agencies

1. Bailiffs.

2. The courts (cantonal courts, district courts, courts of justice and Supreme Court) where they have statutory tasks of summoning persons or serving documents.

Article 3

Central body

The central body, until the entry into force of the new Bailiffs Act (mid-2001), is the Koninklijke Vereniging van Gerechtsdeurwaarders (Royal Association of Bailiffs); afterwards it will be the Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders (Royal Federation of Bailiffs).

The address in both cases is: Varrolaan 100 3584 BW Utrecht Postbus 8138 3503 RC Utrecht Netherlands Tel.(31-30) 689 89 24 Fax(31-30) 689 99 24 E-Mail:kvg@kvgnet.nl (after the entry into force of the new Bailiffs Act: kbvg@kbvgnet.nl).

The central body can receive and transmit documents by post, fax or e-mail, and can be contacted by telephone, in Dutch or English.

Article 4

Transmission of documents

Apart from Dutch, the Netherlands will accept standard request forms which are completed in English.

Article 9

Date of service

The Netherlands does not intend to derogate from Article 9(1) or (2).

Article 10

Certificate of service and copy of the document served

Apart from Dutch, the Netherlands will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

The Netherlands does not oppose the possibility of a Member State serving judicial documents on persons residing in the Netherlands, without any compulsion, direct through its diplomatic or consular agents.

Article 14

Service by post

The Netherlands accepts service of judicial documents by post on the following terms:

(a) direct service by post on persons who are in the Netherlands must be by registered letter;

(b) documents sent by post to persons residing in the Netherlands must be drafted in or translated into Dutch or in a language that the recipient understands.

Article 15

Direct service

The Netherlands does not oppose direct service.

Article 19

Defendant not entering an appearance

The courts in the Netherlands will be empowered by implementing legislation now in the pipeline, notwithstanding the provisions of paragraph 1, to give judgment where all the conditions of paragraph 2 are met.

Once the judgment has been given, fresh time may be allowed if the application for it is made within one year running from the date when judgment is given.

AUSTRIA

Article 2

Transmitting agencies

The transmitting agencies are the district courts, the courts of first instance, the higher regional courts, the Vienna Labour and Social Affairs Court, the Vienna Commercial Court, the Vienna Juvenile Court and the Supreme Court.

Article 3

Central body

The central body is the Federal Ministry of Justice.

Bundesministerium für Justiz Postfach 63 A - 1016 Vienna , or Bundesministerium für Justiz Museumstraße 7 A - 1070 Vienna , or Bundesministerium für Justiz Neustiftgasse 2 A - 1070 Vienna Tel.(43-1) 521 52-22 92

(43-1) 521 52-21 15

(43-1) 521 52-21 30

Fax(43-1) 521 52-28 29 E-Mail:ihor.tarko@bmj.gv.at

barbara.goeth@bmj.gv.at

georg.lukasser@bmj.gv.at.

Knowledge of languages: German and English.

Article 4

Transmission of documents

Apart from German, Austria will accept standard request forms which are completed in English.

Article 9

Date of service

Austria will not be derogating from Article 9(1) and (2).

Article 10

Certificate of service and copy of the document served

Apart from German, Austria will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

Austria does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

Article 14

Service by post

Austria will accept the service of judicial documents by post from another Member State under Article 14(2) under the following conditions:

1. The documents to be served by post must be written in the official language of the place where they are served or accompanied by a certified translation into the language in question.

2. Where this provision is not adhered to, the recipient of the service may refuse to accept the documents. Should the recipient exercise this right, the documents may not be deemed to have been served.

Recipients must be informed in writing of their right to refuse acceptance of the documents.

3. Recipients may also exercise the right of refusal by informing the office that served the documents or the office of dispatch, within three days, that they are not prepared to accept the documents. The time begins when the document is served; the time taken for postal delivery is not included in this period and therefore the date as postmarked is decisive.

4. Postal deliveries must use the standard international advice of delivery.

The following text should be used to inform recipients of their rights: "Das angeschlossene Schriftstück wird Ihnen unter Anwendung der Verordnung (EG) Nr. 1348/2000 des Rates vom 29. Mai 2000 über die Zustellung gerichtlicher und außergerichtlicher Schriftstücke in Zivil- oder Handelssachen in den Mitgliedstaaten, ABl. L 160 vom 30. Juni 2000, S. 37 ff., zugestellt.

Sie sind berechtigt, die Annahme des Schriftstückes zu verweigern, wenn dieses nicht in deutscher Sprache abgefasst oder nicht mit einer beglaubigten Übersetzung in diese Sprache versehen ist. Sollten Sie von diesem Annahmeverweigerungsrecht Gebrauch machen wollen, müssen Sie innerhalb von drei Tagen ab der Zustellung gegenüber der Stelle, die das Schriftstück zugestellt hat, oder gegenüber der Absendestelle unter Rücksendung des Schriftstückes an eine dieser Stellen erklären, dass Sie zur Annahme nicht bereit sind."

("The enclosed documents are being served under 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.

You have the right to refuse to accept the documents if they are not in German or accompanied by a certified German translation. Should you wish to exercise this right, you must, within three days of service, return the documents to the office which served them or to the office of dispatch stating that you are not prepared to accept them.")

Article 15

Direct service

Austria is opposed to the direct service of judicial documents in its territory through the judicial officers, officials or other competent persons of the Member State addressed.

Article 19

Defendant not entering an appearance

Courts in Austria, notwithstanding paragraph 1, may give judgment if the conditions of paragraph 2 are met.

Austria has not communicated any time limit within the meaning of the last subparagraph of Article 19(4) for filing an application for relief from the effects of expiry of the time allowed for appeal.

PORTUGAL

Article 2

Transmitting agencies

The transmitting agencies designated by Portugal are the cantonal courts, in the person of the clerk of the court.

Article 3

Central body

The central body is the Directorate-General for the Administration of Justice.

Direcção Geral da Administração da Justiça Avenida 5 de Outubro, n.o 125 P - 1069 - 044 Lisbon Tel. (351) 217 90 62 33-44 Fax (351) 217 90 62 49.

Knowledge of languages: Portuguese, Spanish, English and French.

Article 4

Transmission of documents

Apart from Portuguese, Portugal will accept standard request forms which are completed in Spanish.

Article 9

Date of service

Portugal intends to derogate from Article 9(2) on the grounds of the imprecision and uncertainty that can result from the determination of two different dates of service, set by reference to the laws of two different countries, to the detriment of legal certainty.

Article 10

Certificate of service and copy of the document served

Apart from Portuguese, Portugal will accept certificates completed in Spanish.

Article 13

Service by diplomatic or consular agents

Portugal has no reservations to formulate regarding this Article.

Article 14

Service by post

Portugal has no reservations to formulate regarding this article.

Article 15

Direct service

On grounds of legal certainty, Portugal is opposed to this form of service in its territory.

Article 19

Defendant not entering an appearance

Portugal will not make use of the possibility provided for by Article 19(2), and courts in Portugal will therefore not be able to give judgment in the circumstances referred to therein.

The time limit for filing an application for relief from the effects of expiry of the time allowed for appeal is one year following the date of the judgment being challenged (Article 19(4)).

FINLAND

Article 2

Transmitting agencies

The transmitting agencies are the courts of first instance, the appeal courts, the Supreme Court and the Ministry of Justice.

Article 3

Central body

The central body is the Ministry of Justice.

Oikeusministeriö PL 1 / Eteläesplanadi 10 FIN - 00131 Helsinki Tel.(358-9) 18 25 76 28 Fax(358-9) 18 25 75 24 E-mail:central.authority@om.fi

Documents can be transmitted by post, fax or e-mail.

Knowledge of languages: Finnish, Swedish and English.

Article 4

Transmission of documents

Apart from Finnish, Finland will accept standard request forms which are completed in English.

Article 9

Date of service

In accordance with paragraph 3, Finland intends to derogate from the provisions of paragraphs 1 and 2. In their current form, these provisions have no explicable ratio legis in the context of the Finnish legal system, and therefore cannot be applied in practice.

Article 10

Certificate of service and copy of the document served

Apart from Finnish, Finland will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

Finland does not oppose this form of service.

Article 14

Service by post

Finland accepts the service of documents by post, provided that the recipient signs an advice of receipt or returns an acknowledgement of receipt. Any document other than a summons can be also delivered by post to an address specified by the recipient to the relevant authority.

Article 15

Direct service

Finland does not oppose this form of service.

Article 19

Defendant not entering an appearance

Finland does not intend to make the communication referred to in Article 19(2); thus, the Finnish courts may not give judgment in accordance with that provision. By the same token, there will be no need for the communication referred to in Article 19(4).

SWEDEN

Article 2

Transmitting agencies

Transmitting agencies are courts, enforcement authorities and other Swedish authorities which serve judicial and extrajudicial documents in civil or commercial matters.

Article 3

Central body

The central body is the Ministry of Justice.

Justitiedepartementet S - 103 33 Stockholm Tel.(46-8) 405 10 00 Fax(46-8) 20 27 34 E-mail:registrator@justice.ministry.se.

Documents may be received by post, fax or any other means agreed in the specific case. Contact may also be made by telephone.

Knowledge of languages: Swedish or English may be used.

Article 4

Transmission of documents

Apart from Swedish, Sweden will accept standard request forms which are completed in English.

Article 9

Date of service

Sweden does not intend to apply Article 9(2) concerning the date of service with respect to the applicant because under Swedish law service cannot be deemed to have taken place at different times with respect to the applicant and the addressee.

Article 10

Certificate of service and copy of the document served

Apart from Swedish, Sweden will accept certificates completed in English.

Article 13

Service by diplomatic or consular agents

Sweden accepts service by diplomatic or consular agents.

Article 14

Service by post

Sweden does not impose any specific conditions for accepting service by post.

Article 15

Direct service

Sweden is not opposed to any person interested in a judicial proceeding having the freedom to effect service of judicial documents directly through judicial officers, officials or other competent persons. However, the Swedish authorities are not required to provide assistance in such cases.

Article 19

Defendant not entering an appearance

Swedish courts cannot give judgment if the conditions of Article 19(2), but not those of Article 19(1), are met. Sweden does not intend to issue any communication under Article 19(4).

UNITED KINGDOM

Article 2

Transmitting agencies

1. England and Wales:

The transmitting agency is the Senior Master, for the attention of the Foreign Process Department, Royal Courts of Justice.

2. Scotland:

The transmitting agencies are the Messengers-at-Arms and accredited solicitors.

3. Northern Ireland:

The transmitting agency is the Master (Queen's Bench and Appeals), Royal Courts of Justice.

4. Gibraltar:

The transmitting agency is The Registrar of the Supreme Court of Gibraltar.

Article 3

Central body

1. England and Wales: The Senior Master

For the attention of the Foreign Process Department (Room E10)

Royal Courts of Justice Strand London WC2A 2LL United Kingdom Tel. (44-20) 79 47 61 91 Fax (44-20) 79 47 62 37.

2. Scotland: Scottish Executive Civil Justice and International Division Hayweight House

Lauriston Street

Edinburgh EH3 9DQ Scotland United Kingdom Tel. (44-131) 221 67 60 Fax (44-131) 221 68 94.

3. Northern Ireland: The Master (Queen's Bench and Appeals) Royal Courts of Justice Chichester Street Belfast BT1 3JF United Kingdom Tel. (44-28) 90 72 47 06 Fax (44-28) 90 23 51 86.

4. Gibraltar: The Registrar of the Supreme Court of Gibraltar Supreme Court Main Street Gibraltar Tel. (350) 788 08 Fax (350) 771 18.

Communication will be by means of letter, fax, e-mail and telephone and the central body will be responsible for checking translations.

Article 4

Transmission of documents

Apart from English, the United Kingdom will accept standard request forms which are completed in French.

Article 9

Date of service

The United Kingdom intends to derogate from these provisions on the basis that the complexities of its law on time limits and limitation periods would only be exacerbated by this article. It is important that the date of service can be identified with certainty as it determines the time from which a party may enter a default judgment. The UK does not consider that the precise meaning of this provision, and its intended operation in practice, is sufficiently clear; it could therefore increase the potential for confusion. Accordingly it believes that this matter is best left to national law, at least until it has had an opportunity to assess how it works in practice in the other Member States following implementation of the Regulation.

Article 10

Certificate of service and copy of the document served

Apart from English, the United Kingdom will accept certificates completed in French.

Article 13

Service by diplomatic or consular agents

The United Kingdom does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

Article 14

Service by post

By first class/air mail.

Article 15

Direct service

1. England, Wales and Northern Ireland:

England, Wales and Northern Ireland are opposed to the possibility of direct service provided for by Article 15(1).

2. Scotland:

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

Article 19

Defendant not entering an appearance

In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.

Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:

1. England, Wales and Northern Ireland:

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.

2. Scotland:

No later than the expiry of one year from the date of decree - this would be in line with the Hague Convention and is the period incorporated in Scotland's court rules.

(1) OJ L 160, 30.6.2000, p. 37.

(2) See Annex.

ANNEX

GERMANY

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