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
Date: 2001-05-22
Institutions: Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom
Subjects: EU Member State, EU act, administrative procedure, civil law, commercial law

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Official Journal of the European Communities

22.5.2001

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

includes

1348/2000 (1)).

Journal contains some of the information that
This Official
to Article 23(2) of Regulation
must be published pursuant
information
the
It
(EC) No
communicated by the Member States in relation to Articles 2
(transmitting agencies), 3, 4, 9, 10, 13, 14, 15 and 19 of Regu-
lation (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.

information published here,

The
the
information concerning central bodies, will help with the
practical application of the Regulation.

and in particular

(cid:145)supplying information to the

The Regulation provides that the central bodies are responsible
for
transmitting agencies(cid:146),
(cid:145)seeking solutions to any difficulties which may arise(cid:146) and
in exceptional cases, at the request of a trans-
(cid:145)forwarding,
service to the competent
mitting agency, a request
receiving agency(cid:146).

for

For its contacts with the central body in the Member State in
the territory of which the document is to be served, the trans-
mitting 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).

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.

8. Bailiffs.

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 (cid:145)exceptional cases(cid:146) 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:

(cid:151) the name, address and other particulars referred to in
Article 2(4) relating to the receiving agency or agencies
with jurisdiction in their
the purpose of
for
subsequently making direct contact, or

case

(cid:151) transmission of the request for service to the competent

receiving agency.

Article 3

Central body

The central body is
Belgium.

the National Bailiffs’ Association of

Chambre nationale des huissiers de justice de Belgique/
Nationale Kamer van Gerechtsdeurwaarders van Belgiº
Avenue Henri Jaspar/Henri Jasparlaan 93
B-1060 Brussels
Tel.
Fax
E-Mail: Chambre.Nationale@huissiersdejustice.be

(32-2) 538 00 92
(32-2) 539 41 11

Nationale.Kamer@gerechtsdeurwaarders.be.

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

Article 4

Transmission of documents

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

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

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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:

(cid:151) registered letter with acknowledgement of

receipt or

equivalent,

(cid:151) need for translation in accordance with Article 8,

in

or

civil

commercial matters

November 1965 on the service of judicial and extrajudicial
documents
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 extraju-
dicial 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
the following
documents served are drafted in one of
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

(cid:151) use of a specific form to be drafted by the central body.

The central body is the Ministry of Justice.

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
and extrajudicial
documents in civil or commercial matters the situation in
Germany is provisionally as follows:

service of

judicial

(cid:213)(cid:240)(cid:239)ıæª(cid:229)(cid:223)(cid:239) ˜ØŒÆØ(cid:239)(cid:243)(cid:253)(cid:237)(cid:231)(cid:242)/Ipourgio Dikeosinis
Mesog(cid:237)on 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.

from Greek,

they have a knowledge of English and

Apart
French.

Article 4

Transmission of documents

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

(a) all offices,
the
under

including central authorities (1),
terms of

responsible
the Hague Convention of 15

Article 9

Date of service

(1) See Annex.

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

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Article 10

The means of receipt currently accepted is postal delivery.

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.

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 14

Service by post

Article 9

Date of service

judicial documents by post

Service of
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.

Subdirecci(cid:243)n General de Cooperaci(cid:243)n Jur(cid:237)dica Internacional
Ministerio de Justicia
San Bernardo, 62
E-28015 Madrid
Fax (34) 913 90 44 57.

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).

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Article 19

(cid:151) that

the document must be served within a specified

Defendant not entering an appearance

period.

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

if

(cid:145)However,
Consequently, Article 9(2) should read as follows:
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(cid:146).

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.

Grounds for the derogation:

For the applicant, the date of service will be the date of trans-
mission 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.

2. The

court

departments
responsible for the service of documents.

(registries,

secretariats,

etc.)

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 Vend(cid:244)me
F-75042 Paris Cedex 01
Tel. (33) 144 86 14 83 (cid:151) (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

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

securities

and

or

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 intends to derogate from Article 9(2).

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

Content of the derogation:

France intends
dispensing with the following two conditions:

to extend the scope of Article 9(2) by

(cid:151) that

the document

is being served in the context of

proceedings,

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.

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Article 15

Direct service

Article 13

Service by diplomatic or consular agents

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

service

Ireland does not oppose this.

Article 19

Defendant not entering an appearance

Article 14

Service by post

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

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.

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

from English and Irish,

Apart
request forms which are completed in French.

Ireland will accept standard

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

Article 9

Date of service

2. Central offices of bailiffs at ordinary courts other than

appeal courts and their separate chambers.

service may,

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

the kind provided for

Article 3

Central body

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

Article 10

Certificate of service and copy of the document served

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

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.

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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.

LUXEMBOURG

Article 2

Transmitting agencies

Bailiffs are designated as transmitting agents.

Article 4

Transmission of documents

Apart from Italian,
which are completed in English or French.

Italy will accept standard request forms

Article 9

Date of service

Article 3

Central body

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

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

Parquet gØnØral prŁs la Cour supØrieure de justice
Bo(cid:238)te postale 15
L-2010 Luxembourg
Tel.
Fax
E-mail: Parquet.General@mj.etat.lu.

(352) 47 59 81-336
(352) 47 05 50

Certificate of service and copy of the document served

Knowledge of languages: French and German.

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 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

from French, Luxembourg will

Apart
completed in German.

accept

certificates

Article 15

Direct service

Article 13

Service by diplomatic or consular agents

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.

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

Article 19

Defendant not entering an appearance

Courts in Italy cannot give judgment
paragraph 2 are not met.

if

the conditions of

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 orig-
inates.

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Article 14

Service by post

deurwaarders (Royal Association of Bailiffs); afterwards it will
be
the Koninklijke Beroepsorganisatie van Gerechtsdeur-
waarders (Royal Federation of Bailiffs).

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).

The address in both cases is:

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
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.

the form and content of

Varrolaan 100
3584 BW Utrecht
Postbus 8138
3503 RC Utrecht
Netherlands
Tel.
Fax
E-Mail: kvg@kvgnet.nl (after the entry into force of the new

(31-30) 689 89 24
(31-30) 689 99 24

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

Article 19

Defendant not entering an appearance

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

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

that, notwithstanding Article 19(1),

Article 9

Date of service

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

Article 10

Certificate of service and copy of the document served

from Dutch,

Apart
completed in English.

the Netherlands will accept certificates

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:

The central body, until the entry into force of the new Bailiffs
is the Koninklijke Vereniging van Gerechts-
Act (mid-2001),

(a) direct

service by post on persons who are in the

Netherlands must be by registered letter;

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(b) documents

sent by post

residing in the
Netherlands must be drafted in or translated into Dutch
or in a language that the recipient understands.

to persons

Article 15

Direct service

The Netherlands does not oppose direct service.

Article 4

Transmission of documents

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

Article 9

Date of service

Article 19

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

Defendant not entering an appearance

courts

in the Netherlands will be

The
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 f(cid:252)r Justiz
Postfach 63
A-1016 Vienna, or

Bundesministerium f(cid:252)r Justiz
Museumstra(cid:223)e 7
A-1070 Vienna, or

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
the place where they are served or
accompanied by a certified translation into the language
in question.

language of

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.

Bundesministerium f(cid:252)r Justiz
Neustiftgasse 2
A-1070 Vienna
Tel.

Fax
E-Mail:

(43-1) 521 52-22 92
(43-1) 521 52-21 15
(43-1) 521 52-21 30
(43-1) 521 52-28 29
ihor.tarko@bmj.gv.at
barbara.goeth@bmj.gv.at
georg.lukasser@bmj.gv.at.

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,
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 post-
marked is decisive.

that

Knowledge of languages: German and English.

of delivery.

4. Postal deliveries must use the standard international advice

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The following text should be used to inform recipients of their
rights:

Article 3

Central body

(cid:145)Das angeschlossene Schriftst(cid:252)ck wird Ihnen unter Anwendung
der Verordnung (EG) Nr. 1348/2000 des Rates vom 29. Mai
2000 (cid:252)ber die Zustellung gerichtlicher und au(cid:223)ergerichtlicher
Schriftst(cid:252)cke in Zivil- oder Handelssachen in den Mitgliedstaa-
ten, ABl. L 160 vom 30. Juni 2000, S. 37 ff., zugestellt.

Sie sind berechtigt, die Annahme des Schriftst(cid:252)ckes zu verwei-
gern, wenn dieses nicht in deutscher Sprache abgefasst oder
nicht mit einer beglaubigten (cid:220)bersetzung in diese Sprache ver-
sehen ist. Sollten Sie von diesem Annahmeverweigerungsrecht
Gebrauch machen wollen, m(cid:252)ssen Sie innerhalb von drei Tagen
ab der Zustellung gegen(cid:252)ber der Stelle, die das Schriftst(cid:252)ck
zugestellt hat, oder gegen(cid:252)ber der Absendestelle unter R(cid:252)ck-
sendung des Schriftst(cid:252)ckes an eine dieser Stellen erkl(cid:228)ren, dass
Sie zur Annahme nicht bereit sind.(cid:146)

((cid:145)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.(cid:146))

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

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

Direc(cid:231)ªo Geral da Administra(cid:231)ªo da Justi(cid:231)a
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
French.

languages: Portuguese, Spanish, English and

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
set by
determination of
two different dates of
reference to the laws of
to the
detriment of legal certainty.

service,
two different countries,

Article 10

Certificate of service and copy of the document served

from Portuguese, Portugal will

Apart
completed in Spanish.

accept

certificates

Defendant not entering an appearance

Article 13

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

Service by diplomatic or consular agents

Portugal has no reservations to formulate regarding this Article.

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

from the effects of expiry of

Article 14

Service by post

Portugal has no reservations to formulate regarding this article.

PORTUGAL

Article 2

Transmitting agencies

Article 15

Direct service

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

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

22.5.2001

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Official Journal of the European Communities

C 151/13

Article 19

Defendant not entering an appearance

form, these provisions have no explicable ratio legis in the
context of the Finnish legal system, and therefore cannot be
applied in practice.

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)).

Article 10

Certificate of service and copy of the document served

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

FINLAND

Article 2

Transmitting agencies

Article 13

Service by diplomatic or consular agents

Finland does not oppose this form of service.

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.

Oikeusministeri(cid:246)
PL 1/Etel(cid:228)esplanadi 10
FIN-00131 Helsinki
Tel.
Fax
E-mail: central.authority@om.fi

(358-9) 18 25 76 28
(358-9) 18 25 75 24

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 acknowl-
edgement 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.

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

Article 19

Defendant not entering an appearance

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

thus,

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.

C 151/14

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Official Journal of the European Communities

22.5.2001

Article 3

Central body

The central body is the Ministry of Justice.

Justitiedepartementet
S-103 33 Stockholm
Tel.
Fax
E-mail:

(46-8) 405 10 00
(46-8) 20 27 34
registrator@justice.ministry.se.

Article 15

Direct service

Sweden is not opposed to any person interested in a judicial
judicial
proceeding having the freedom to effect service of
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

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

Swedish courts cannot give judgment
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).

if

Knowledge of languages: Swedish or English may be used.

UNITED KINGDOM

Article 2

Transmitting agencies

Article 4

Transmission of documents

from Swedish, Sweden will accept standard request

Apart
forms which are completed in English.

1. England and Wales:

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

for

Article 9

Date of service

2. Scotland:

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

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.

3. Northern Ireland:

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

Article 10

Certificate of service and copy of the document served

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

4. Gibraltar:

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

Article 13

Service by diplomatic or consular agents

1. England and Wales:

Article 3

Central body

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.

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.

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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
it could therefore increase the
is sufficiently clear;
practice,
this
for confusion. Accordingly it believes
potential
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.

that

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).

By first class/air mail.

Article 14

Service by post

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
the conditions of
paragraph 2 have been met.

if all

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
(cid:151) this would be in line with the Hague Convention and is
the period incorporated in Scotland’s court rules.

C 151/16

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Official Journal of the European Communities

22.5.2001

Baden-W(cid:252)rttemberg

Bayern

Berlin

Brandenburg

Bremen

Hamburg

Hessen

Mecklenburg-Vorpommern

Niedersachsen

Nordrhein-Westfalen

Rheinland-Pfalz

ANNEX

GERMANY

List of central authorities (April 2001)

Pr(cid:228)sident des Amtsgerichts Freiburg
Holzmarkt 2
D-79098 Freiburg
Tel. (49-761) 205-0
Fax (49-761) 205-18 00

Pr(cid:228)sidentin des Oberlandesgerichts M(cid:252)nchen
Prielmayerstra(cid:223)e 5
D-80097 M(cid:252)nchen
Tel. (49-89) 55 97-1
Fax (49-89) 55 97-35 75

Senatsverwaltung f(cid:252)r Justiz von Berlin
Salzburger Stra(cid:223)e 21(cid:151)25
D-10825 Berlin
Tel. (49-30) 90 13-0
Fax (49-30) 90 13-20 00

Ministerium der Justiz und f(cid:252)r Bundes- und
Europaangelegenheiten des Landes Brandenburg
Heinrich-Mann-Allee 107
D-14460 Potsdam
Tel. (49-331) 866-0
Fax (49-331) 866-30 80/30 81

Der Pr(cid:228)sident des Landgerichts
Domsheide 16
D-28195 Bremen
Tel. (49-421) 361-42 53
Fax (49-421) 361-67 13

Pr(cid:228)sident des Amtsgerichts Hamburg
Sievekingplatz 1
D-20335 Hamburg
Tel. (49-40) 428 43-0
Fax (49-40) 428 43-43 18/43 19

Hessisches Ministerium der Justiz und f(cid:252)r Europaangelegenheiten
Luisenstra(cid:223)e 13
D-65185 Wiesbaden
Tel. (49-611) 32-0
Fax (49-611) 32-27 63

Justizministerium des Landes Mecklenburg-Vorpommern
Demmlerplatz 14
D-19053 Schwerin
Tel. (49-385) 588-0
Fax (49-385) 588-34 53

Nieders(cid:228)chsisches Ministerium der Justiz und f(cid:252)r Europaangelegenheiten
Am Waterlooplatz 1
D-30169 Hannover
Tel. (49-511) 120-0
Fax (49-511) 120-51 70/51 81

Pr(cid:228)sident des Oberlandesgerichts D(cid:252)sseldorf
Cecilienallee 3
D-40474 D(cid:252)sseldorf
Tel. (49-211) 49 71-0
Fax (49-211) 49 71-548

Ministerium der Justiz des Landes Rheinland-Pfalz
Ernst-Ludwig-Stra(cid:223)e 3
D-55116 Mainz
Tel. (49-6131) 16-0
Fax (49-6131) 16-48 87

22.5.2001

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Saarland

Sachsen

Sachsen-Anhalt

Schleswig-Holstein

Th(cid:252)ringen

Ministerium der Justiz des Saarlandes
Z(cid:228)hringerstra(cid:223)e 12
D-66119 Saarbr(cid:252)cken
Tel. (49-681) 501-00
Fax (49-681) 501-58 55

Pr(cid:228)sident des Oberlandesgerichts Dresden
Postfach 12 07 32
D-01008 Dresden

Ministerium f(cid:252)r Justiz des Landes Sachsen-Anhalt
Wilhelm-H(cid:246)pfner-Ring 6
D-39116 Magdeburg
Tel. (49-391) 567-01
Fax (49-391) 567-42 26

Ministerium f(cid:252)r Justiz, Bundes- und Europaangelegenheiten des
Landes Schleswig-Holstein
Lorentzendamm 35
D-24103 Kiel
Tel. (49-431) 988-0
Fax (49-431) 988-38 70

Th(cid:252)ringer Justizministerium
Werner-Seelenbinder-Stra(cid:223)e 5
D-99096 Erfurt
Tel. (49-361) 37-950 00
Fax (49-361) 37-958 88