Amended proposal for a Council Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
Date: 2000-03-29
Institutions: European Commission
Subjects: European judicial area, approximation of laws, civil law, commercial law, judicial cooperation in criminal matters in the EU

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Amended proposal for a Council Regulation on the service in the Member States of judicial and
extrajudicial documents in civil or commercial matters (1)

(2000/C 311 E/04)

COM(2000) 75 final (cid:151) 1999/0102(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC-Treaty on 30 March 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular point (c) of Article 61 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the Economic and Social
Committee,

(1) Whereas the Union has set itself the objective of main-
taining and developing the Union as an area of freedom,
security and justice,
in which the free movement of
persons is assured; whereas to establish such an area the
the measures
Community is to adopt, among others,
relating to judicial cooperation in civil matters needed
for the sound operation of the internal market.

(2) Whereas the sound operation of

the internal market
entails the need to improve and expedite the transmission
of
in civil or
commercial matters for service between the Member
States.

judicial and extrajudicial documents

(3) Whereas this is a subject now falling within the ambit of

Article 65 of the Treaty.

(4) Whereas, in accordance with the principles of subsidiarity
and proportionality as set out in Article 5 of the Treaty,
the objectives of this Regulation cannot be sufficiently
achieved by the Member States and can therefore be
better achieved by the Community; whereas this Regu-
lation confines itself to the minimum required in order
to achieve those objectives and does not go beyond what
is necessary for that purpose.

(5) Whereas the Council, by Act dated 26 May 1997 (2),
concluded a Convention on the service in the Member
States of the European Union of judicial and extrajudicial
documents in civil or commercial matters and recom-
in
mended it
accordance
constitutional
requirements; whereas that Convention has not entered
into force; whereas continuity in the results of
the
negotiations for conclusion of the Convention should be
this Regulation is
the content of
ensured; whereas
substantially taken over from it.

for adoption by the Member States

respective

their

with

(1) OJ C 247 E, 31.8.1999, p. 11.
(2) OJ C 261, 27.8.1997, p. 1.

(6) Whereas efficiency and speed in judicial procedures in
civil matters means that the transmission of judicial and
extrajudicial documents is to be made direct and by rapid
means between bodies designated by the Member States;
whereas, however, the Member States may indicate their
intention of preserving central bodies for a transitional
period of five years; whereas this transitional arrangement
is warranted by the need to adapt the Member States’
existing systems for transmission.

(7) Whereas speed in transmission warrants the use of all
appropriate means, provided that certain conditions as
to the legibility and reliability of the document received
are observed; whereas 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 service is to be effected, or in another
language accepted by the Member State in question.

(8) Whereas, to secure the effectiveness of the Regulation, the
possibility of refusing service of documents is confined to
exceptional situations.

(9) Whereas speed of transmission warrants documents being
served within days of reception of the document; whereas,
however, if service has not been effected after one month
has elapsed, the receiving agency should inform the trans-
mitting agency; whereas the expiry of this period should
not imply that the request be returned to the transmitting
body where it is clear that service is feasible within a
reasonable period.

(10) Whereas, for the protection of the addressee’s interests,
service should be effected in the language of the place
where it is to be effected or in one of the languages of the
originating Member
addressee
understands.

State which

the

(11) Whereas, given the differences between the Member States
as regards their rules of procedure, the material date for
the purposes of service varies from one Member State to
another; whereas in such situations this Regulation should
provide for a double-date system, where it is the law of
the receiving Member State which determines it, unless
the relevant documents are to be served within a specified
period; whereas the purpose of this is to protect both the
addressee and the requesting party.

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(12) Whereas this Regulation prevails over

to

the

the

annexed

Protocol

the provisions
applying to these matters, contained in international
conventions concluded by the Member States, and in
particular
Brussels
Convention of 1968 on Jurisdiction and the Enforcement
of Judgments in Civil and Commercial Matters (1) and the
Hague Convention of 15 November 1965 on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters,
in relations between the Member
States party thereto; whereas the Regulation does not
preclude Member States from maintaining or adopting
measures to expedite the transmission of documents,
provided that they are compatible with the Regulation;

(13) Whereas the information transmitted pursuant

to this
Regulation should enjoy suitable protection; whereas the
matter falls within the scope of Directive 95/46/EC of the
European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of
such data (2), and of Directive 97/66/EC of the European
Parliament and of
the Council of 15 December 1997
concerning the processing of personal data and the
protection of privacy in the telecommunications sector (3)

(14) Whereas the Commission should be empowered to give
effect to measures implementing this Regulation; whereas
to that end it
should be assisted by an advisory
committee.

(15) Whereas, no later than three years after the date of entry
into force of
the Commission should
review its application and propose such amendments as
may appear necessary.

this Regulation,

(16) Whereas,

in accordance with Articles 1 and 2 of

the
Protocols on the position of the United Kingdom and
these two Member States have notified their
Ireland,
the present
decision to participate in the adoption of
Regulation.
In accordance with the protocol on the
position of Denmark, this Member State is not partici-
pating in the adoption of this Regulation; whereas this
Regulation is accordingly not binding on Denmark, nor is
it applicable in its regard,

transmitted from one Member State to another for service
there.

This Regulation shall not apply where the address of the
2.
domicile or habitual residence of the person to be served with
the document is not known.

Article 2

Transmitting and receiving agencies

Each Member State shall designate the public officers,
1.
authorities or other persons, hereinafter referred to as (cid:145)trans-
mitting agencies(cid:146), competent for the transmission of judicial or
extrajudicial documents to be served in another Member State.

Each Member State shall designate the public officers,
2.
authorities or other persons, hereinafter
referred to as
(cid:145)receiving agencies(cid:146), competent for the receipt of judicial or
extrajudicial documents from another Member State.

3.
A Member State may designate one transmitting agency
and one receiving agency or one agency to perform both
legal
functions. A federal State, a State in which several
systems apply or a State with autonomous territorial units
shall be free to designate more than one such agency. The
designation shall have effect for a period of five years and
may be renewed at five-year intervals.

Each Member State shall provide the Commission with

4.
the following information:

a) the names and addresses of the receiving agencies referred

to in paragraphs 2 and 3;

b) the geographical areas in which they have jurisdiction;

c) the means of receipt of documents available to them; and

HAS ADOPTED THIS REGULATION:

d) the languages that may be used for the completion of the

standard form in the Annex.

CHAPTER I

General provisions

Article 1

Scope

1.
This Regulation shall apply in civil and commercial
matters where a judicial or extrajudicial document has to be

(1) OJ C 27, 26.1.1998, p. 17.
(2) OJ L 281, 23.11.1995, p. 31.
(3) OJ L 24, 30.1.1998, p. 1.

The Member States
subsequent modification of such information.

shall notify the Commission of any

Article 3

Central body

Each Member State shall designate a central body responsible
for:

a) supplying information to the transmitting agencies;

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b) seeking solutions to any difficulties which may arise during
transmission of documents for service, including assistance
in the case of a wrong address;

Article 5

Translation of documents

c) forwarding, in exceptional cases, at the request of a trans-
for service to the competent

mitting agency, a request
receiving agency.

A federal State, a State in which several legal systems apply or
a State with autonomous territorial units shall be free to
designate more than one central body.

CHAPTER II

Judicial Documents

SECTION 1

T R A N S M I S S I O N A N D S E R V I C E O F J U D I C I A L
D O C U M E N T S

Article 4

Transmission of documents

1.
Judicial documents shall be transmitted directly and as
soon as possible between the agencies designated on the
basis of Article 2.

2.
The transmission of documents, requests, confirmations,
receipts, certificates and any other papers between transmitting
agencies and receiving agencies may be carried out by any
the
appropriate means, provided that
document
the
received is
document forwarded and that all
information in it is easily
legible.

the
true and faithful

content of
to that of

3.
The document to be transmitted shall be accompanied by
a request drawn up using the standard form in the Annex. 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
languages of the place where service is to be effected, or in
another language which that Member State has indicated it can
accept. Each Member State shall indicate the official language
or languages of the European Union other than its own which
is or are acceptable to it for completion of the form.

language or one of

the official

1.
The applicant shall be advised by the transmitting agency
to which he or she forwards the document for transmission
that the addressee may refuse to accept it if it is not in one of
the languages provided for in Article 8.

The applicant shall bear any costs of translation prior to
2.
the transmission of the document, without prejudice to any
possible subsequent decision by the court or competent
authority on liability for such costs.

Article 6

Receipt of documents by receiving agency

1.
A receiving agency, on receipt of a document, shall, as
soon as possible and in any event within seven days of receipt
to the transmitting agency by the
thereof, send a receipt
swiftest possible means of
transmission using the standard
form in the Annex.

the information or documents

2. Where the request for service cannot be fulfilled on the
basis of
the
receiving agency shall contact the transmitting agency by the
swiftest possible means
to secure the missing
in order
information or documents.

transmitted,

If there are legitimate doubts as to whether or not a request for
service falls within the scope of this Regulation, the opinion of
the transmitting agency shall prevail, subject to the exception
provided for in paragraph 3.

3.
If, as a result of an obvious mistake, the request for
service does not fall within the scope of this Regulation or if
non-compliance with the formal conditions required makes
service impossible, the request and the documents transmitted
to the transmitting agency,
shall be returned, on receipt,
together with the notice of return in the standard form in
the Annex.

A receiving agency receiving a document for service but
4.
not having territorial jurisdiction to serve it shall forward it, as
well as the request, to the receiving agency having territorial
jurisdiction in the same Member State if the request complies
with the conditions laid down in Article 4(3) and shall inform
the transmitting agency accordingly, using the standard form in
the Annex. That receiving agency shall inform the transmitting
agency when it receives the document, in the manner provided
for in paragraph 1.

The documents and all papers that are transmitted shall

4.
be exempted from legalisation or any equivalent formality.

Article 7

Service of documents

5. When the transmitting agency wishes a copy of
document
referred to in Article 10,
duplicate.

returned together with the

it shall send the document

the
certificate
in

to be

The receiving agency shall itself serve the document or
1.
have it served, either in accordance with the law of
the
Member State addressed or by a particular form requested by
the transmitting agency, unless such a method is incompatible
with the law of that Member State.

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All steps required for service of the document shall be
2.
effected as soon as possible. In any event, if it has not been
possible to effect service within one month of receipt, the
receiving agency shall
inform the transmitting agency by
means of the certificate in the standard form in the Annex,
which shall be drawn up under the conditions referred to in
Article 10(2). The period shall be calculated in accordance with
the law of the Member State addressed.

The certificate shall be completed in the official language
2.
or one of the official languages of the Member State of origin
or in another language which the Member State of origin has
indicated that it can accept. Each Member State shall indicate
the official language or languages of the European Union other
than its own which is or are acceptable to it for completion of
the form.

Article 8

Refusal to accept a document

Article 11

Costs of service

1.
The receiving agency shall inform the addressee that he
or she may refuse to accept the document to be served if it is
in a language other than either of the following languages:

The service of judicial documents coming from a Member
1.
State shall not give rise to any payment or reimbursement of
taxes or costs for services rendered by the Member State
addressed.

a) 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

2. When required under
the Member State
addressed, the applicant shall pay or reimburse the costs occa-
sioned by:

the law of

b) a language of the Member State of transmission which the

addressee understands.

a) the employment of a judicial officer or of a person
competent under the law of the Member State addressed;

the

receiving agency is

2. Where
the
addressee refuses to accept the document in accordance with
paragraph 1,
immediately inform the transmitting
agency by means of the certificate provided for in Article 10
and return the request and the documents of which a trans-
lation is requested.

informed that

it shall

Article 9

Date of service

1.
The date of service of a document pursuant to Article 7
shall be the date on which it is served in accordance with the
law of
the Member State addressed, without prejudice to
Article 8.

2. Where a document must be served within a particular
period in the context of proceedings to be brought or pending
in the Member State of origin,
the date to be taken into
account with respect to the applicant shall be that fixed by
the law of that Member State.

Article 10

Certificate of service and copy of the document served

the
1. When the formalities concerning the service of
document have been completed, a certificate of completion
of those formalities shall be drawn up in the standard form
in the Annex and addressed to the transmitting agency,
together with, where Article 4(5) applies, a copy of
the
document served.

b) the use of a particular method of service.

S E C T I O N 2

O T H E R M E A N S O F T R A N S M I S S I O N A N D S E R V I C E
O F J U D I C I A L D O C U M E N T S

Article 12

Transmission by consular or diplomatic channels

Each Member State shall be free, in exceptional circumstances,
to use consular or diplomatic channels to forward judicial
documents, for the purpose of service, to those agencies of
to
another Member State which are designated pursuant
Article 2 or 3.

Article 13

Service by diplomatic or consular agents

Each Member State shall be free, in exceptional circumstances
to effect service of judicial documents on persons residing in
another Member State, without application of any compulsion,
directly through its diplomatic or consular agents.

Any Member State may declare that it is opposed to such
service within its territory, unless the documents are to be
served on nationals of
the Member State in which the
documents originate.

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Article 14

Service by post

Article 18

Committee

Each Member State shall be free to effect service of
to persons residing in

1.
judicial documents directly by post
another Member State.

The Commission shall be assisted by a committee of an
the
the representatives of
advisory nature composed of
Member States and chaired by the representative of
the
Commission.

Any Member State may specify the conditions under

2.
which it will accept service of judicial documents by post.

Article 15

Direct service

1.
This Regulation shall not interfere with the freedom of
any person interested in a judicial proceeding to effect service
judicial documents directly through the judicial officers,
of
officials or other competent persons of
the Member State
addressed.

CHAPTER III

Extrajudicial Documents

Article 16

Transmission

Extrajudicial documents may be transmitted for service in
another Member State in accordance with the provisions of
this Regulation.

CHAPTER IV

Final Provisions

Article 17

Implementing rules

a draft of

the Commission shall submit

to the
The representative of
committee
taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.

the measures

to be

The opinion shall be recorded in the minutes; in addition, each
Member State shall have the right to ask to have its position
recorded in the minutes.

The Commission shall take the utmost account of the opinion
delivered by the committee. It shall inform the committee of
the manner in which its opinion has been taken into account.

Article 19

Defendant not entering an appearance

1. Where a writ of summons or an equivalent document has
had to be transmitted to another Member State for the purpose
of service, under the provisions of this Regulation, and the
judgment shall not be given
defendant has not appeared,
until it is established that:

a) the document was served by a method prescribed by the
internal law of the Member State addressed for the service
of documents in domestic actions upon persons who are
within its territory; or

b) the document was actually delivered to the defendant or to
his residence by another method provided for by this Regu-
lation;

The Commission shall adopt, in accordance with the procedure
prescribed by Article 18, rules for the purposes of:

and that in either of these cases the service or the delivery was
affected in sufficient time to enable the defendant to defend.

a) drawing up and annually updating a manual containing the
information provided by Member States in accordance with
Article 2(4);

2.
Each Member State shall be free to declare that the judge,
notwithstanding the provisions of paragraph 1, may give
judgment even if no certificate of service or delivery has
been received, if all the following conditions are fulfilled:

b) drawing up a glossary in the official

the
European Union of documents which can be served under
this Regulation;

languages of

c) making amendments to the standard forms shown in the

Annex;

a) the document was transmitted by one of

the methods

provided for in this Regulation;

b) a period of time of not less than six months, considered
adequate by the judge in the particular case, has elapsed
since the date of the transmission of the document;

d) giving effect

to implementing measures to expedite the

transmission and service of documents.

c) no certificate of any kind has been received, even though
every reasonable effort has been made to obtain it through
the competent authorities of the State addressed.

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Notwithstanding the provisions of paragraphs 1 and 2,
3.
the judge may order, in case of urgency, any provisional or
protective measures.

Article 22

Protection of information transmitted

4. When a writ of summons or an equivalent document has
had to be transmitted to another Member State for the purpose
of service, under the provisions of
this Regulation, and a
judgment has been entered against a defendant who has not
appeared,
to relieve the
defendant from the effects of the expiration of the time for
appeal
the following conditions are
if
fulfilled:

the judge shall have the power

from the judgment

a) the defendant, without any fault on his part, did not have
knowledge of the document in sufficient time to defend, or
knowledge of the judgment in sufficient time to appeal; and

b) the defendant has disclosed a prima facie defence to the

action on the merits.

An application for relief may be filed only within a reasonable
time after the defendant has knowledge of the judgment.

Each Member State may declare that such application will not
be entertained if it is filed after the expiration of a time to be
stated in the declaration, but which shall in no case be less
than one year following the date of the judgment.

Paragraph 4 shall not apply to judgments concerning

5.
status or capacity of persons.

Article 20

Relationship with agreements or arrangements to which
Member States are parties

This Regulation shall, in relation to matters to which it
1.
applies, prevail over other provisions contained in conventions
concluded by the Member States, and in particular Article IV of
the Protocol to the Brussels Convention of 1968 on Jurisdiction
and the Enforcement of Judgments in Civil and Commercial
Matters and the Hague Convention of 15 November 1965 on
the Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters.

2.
This Regulation shall not preclude the maintenance or
transmission of
adoption of provisions
to expedite
documents provided that they are compatible with the Regu-
lation. Member States shall notify the Commission of drafts of
the measures which they propose to adopt.

the

1.
Information, including in particular personal data, trans-
mitted under this Regulation shall be used by the receiving
agency only for the purpose for which it was transmitted.

Receiving agencies shall ensure the confidentiality of such

2.
information, in accordance with their national law.

3.
Paragraphs 1 and 2 shall not affect national laws enabling
data subjects to be informed of the use made of information
transmitted under this Regulation.

This Regulation shall be without prejudice to Directives

4.
95/46/EC and 97/66/EC.

Article 23

Publication

The Commission shall publish in the Official
the
European Communities the information referred to in Articles
2, 3, 4, 9, 10, 13, 14, 15 and 19 and furnished by the
Member States.

Journal of

Article 24

Review

No later than three years after the date of entry into force of
this Regulation, and every five years thereafter, the Commission
shall present to the European Parliament, the Council and the
Economic and Social Committee a report on the application of
this Regulation, paying special attention to the effectiveness of
the bodies designated pursuant to Article 2 and to the practical
application of point (c) of Article 3 and Article 9. The report
legal transactions and the
shall also cover those aspects of
service of documents performed by electronic means
for
which a European regulatory framework should be devised at
an early stage.

Article 25

Entry into force

Article 21

Legal aid

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities. It applies from 1st October 2000.

This Regulation shall be without prejudice to the relevant law
relating to legal aid and,
in particular, to Article 23 of the
Convention on civil procedure of 17 July 1905, Article 24 of
the Convention on civil procedure of 1 March 1954 and
to
Article 13 of
justice of 25 October 1980 between the Member States
parties to these Conventions.

the Convention on international access

Article 26

Addressees

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX

REQUEST FOR SERVICE OF DOCUMENTS
(Article 4(3) of the Regulation)

(*) This item is optional

Reference No

1. TRANSMITTING AGENCY

1.1 Identity:

1.2 Address:

1.2.1 Street and Number/PO Box:

1.2.2 Place and Code:

1.2.3 Country:

1.3 Tel. No:

1.4 Fax No (*):

1.5 E-mail (*):

2. RECEIVING AGENCY

2.1 Identity:

2.2 Address:

2.2.1 Street and Number/PO Box:

2.2.2 Place and Code:

2.2.3 Country:

2.3 Tel. No:

2.4 Fax No (*):

2.5 E-mail (*):

3. APPLICANT

3.1 Identity:

3.2 Address:

3.2.1 Street and Number/PO Box:

3.2.2 Place and Code:

3.2.3 Country:

3.3 Tel. No (*):

3.4 Fax No (*):

3.5 E-mail (*)

4. ADDRESSEE

4.1 Identity:

4.2 Address:

4.2.1 Street and Number/PO Box:

4.2.2 Place and Code:

4.2.3 Country:

4.3 Tel. No (*):

4.4 Fax No (*):

4.5 E-mail (*)

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

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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:

5.2.1.1 yes

5.2.1.2 no

6. DOCUMENT TO BE SERVED

(a) 6.1 Nature of the document

6.1.1 Judicial

6.1.1.1 writ of summons

6.1.1.2 judgment

6.1.1.3 appeal

6.1.1.4 other:

6.1.2 Extrajudicial

(b) 6.2 Date or time-limit stated in the document (*):

(c) 6.3 Language of document:

6.3.1 original D EN DK ES FIN FR GR IT NL P S others:

6.3.2 translation (*) D EN DK ES FIN FR GR IT NL P S others:

d) 6.4 Number of enclosures:

7. A COPY OF DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 4(5) of the Regulation)

7.1 Yes (in this case send two copies of the document to be served)

7.2 No

1. You are required by Article 7(2) of the Regulation to effect all steps required for service of the
document as soon as possible. In any event, if it is not possible for you to effect service within one
month of receipt, you must inform this Agency by means of the certificate provided for in point 13.

2. If you cannot fulfil this request for service on the basis of the information or documents transmitted,
you are required by Article 6(2) of the Regulation to contact this Agency by the swiftest possible means
in order to secure the missing information or document.

Done at:

Date:

Signature and/or stamp:

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Reference No. of the receiving agency:

ACKNOWLEDGEMENT OF RECEIPT
(Article 6 (1) of the Regulation)

This acknowledgement must be sent by the swiftest possible means of transmission as soon as possible
after receipt of the document and in any event within seven days of receipt.

8. DATE OF RECEIPT:

Done at:

Date:

Signature and/or stamp:

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NOTICE OF RETURN OF REQUEST AND DOCUMENT

(Article 6(3) of the Regulation)

The request and document must be returned on receipt.

9. REASON FOR RETURN

9.1 The request is manifestly outside the scope of the Regulation:

9.1.1 the document is not civil or commercial.

9.1.2 the service is not from one Member State to another Member State

9.2 Non-compliance with formal conditions required makes service impossible:

9.2.1 the document is not easily legible

9.2.2 the language used to complete the form is incorrect

9.2.3 the document received is not a true and faithful copy

9.2.4 other (please give details):

9.3 The method of service is incompatible with the law of that Member State (Article 7 (1) of the Regulation)

Done at:

Date:

Signature and/or stamp:

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NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING
AGENCY
Article 6(4) of the Regulation)

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

10.1 IDENTITY:

10.2 Address:

10.2.1 Street and Number/PO Box:

10.2.2 Place and Code:

10.2.3 Country:

10.3 Tel. No:

10.4 Fax No (*):

10.5 E-mail (*):

Done at:

Date:

Signature and/or stamp:

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Reference No of the appropriate receiving agency:

NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY TO THE TRANSMITTING AGENCY
(Article 6(4) of the Regulation)

This notice must be sent by the swiftest possible means of transmission as soon as possible after receipt of
the document and in any event within seven days of receipt.

11. DATE OF RECEIPT:

Done at:

Date:

Signature and/or stamp:

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CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS
(Article 10 of the Regulation)

The service shall be effected as soon as possible. In any event, if it has not been possible to effect service
within one month of receipt, the receiving agency shall inform the transmitting agency (according to
Article 7(2) of the Directive).

12. COMPLETION OF SERVICE

(a) 12.1 Date and address of service:
(b) 12.2 The document was

(A) 12.2.1 served in accordance with the law of the Member State addressed, namely

12.2.1.1 handed to

12.2.1.1.1 the addressee in person
12.2.1.1.2 another person

12.2.1.1.2.1 Name:
12.2.1.1.2.2 Address:

12.2.1.1.2.2.1 Street and Number/PO Box:
12.2.1.1.2.2.2 Place and Code:
12.2.1.1.2.2.3 Country:

12.2.1.1.2.3 Relation to the addressee:

Family

Employee Others

12.2.1.1.3 the addressee’s address

12.2.1.2 served by post

12.2.1.2.1 without acknowledgement of receipt
12.2.1.2.2 with the enclosed acknowledgement of receipt

12.2.1.2.2.1 from the addressee
12.2.1.2.2.2 another person

12.2.1.2.2.2.1 Name:
12.2.1.2.2.2.2 Address:

12.2.1.2.2.2.2.1 Street and Number/PO Box:
12.2.1.2.2.2.2.2 Place and Code:
12.2.1.2.2.2.2.3 Country:
12.2.1.2.2.2.3 Relation to the addressee:

Family

Employee Others

12.2.1.3 other method (please say how

(B) 12.2.2 served by the following particular method (please say how):
(C) 12.2.3 served by (title, address, phone or fax number)

(c) 12.3 The addressee of the document was informed (orally) (in writing) that he or she may refuse to accept it if
language of the state of

language of the place of service or in an official

it was not in an official
transmission which he or she understands.

13.

INFORMATION IN ACCORDANCE WITH ARTICLE 7(2)

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

14. REFUSAL OF DOCUMENT

The addressee refused to accept the document on account of the language used. The documents are annexed to this
certificate.

15. REASON FOR NON-SERVICE OF DOCUMENT

15.1 Address unknown

15.2 Addressee cannot be located

15.3 Document could not be served before the date or time-limit stated in point 6.2.

15.4 Others (please specify):

The documents are annexed to this certificate.

Done at:

Date:

Signature and/or stamp: