Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
Date: 2005-04-18
Institutions: European Commission
Subjects: Denmark, EU act, civil law, commercial law, judicial cooperation, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.04.2005 
COM(2005) 146 final 

2005/0056 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 1348/2000 on the service in the Member States of judicial and extrajudicial 
documents in civil or commercial matters 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 1348/2000 on the service in the Member States of judicial and extrajudicial 
documents in civil or commercial matters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

Political and legal background 

Pursuant to Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty 
on the European Union and the Treaty establishing the European Community, Denmark does 
not participate in Title IV of the Treaty. As a consequence, Community instruments adopted 
in  the  field  of,  among  others,  judicial  cooperation  in  civil  matters  are  not  binding  upon  or 
applicable in Denmark. 

One  of  these  Community  instruments  is  Council  Regulation  (EC)  No.  1348/2000  on  the 
service in the Member States of judicial and extrajudicial documents in civil or commercial 
matters.  The  United  Kingdom  and  Ireland  having  exercised  their  right  to  opt  in,  this 
Regulation  applies  to  all  Member  States  except  Denmark.  Regulation  1348/2000  plays  an 
important role for the functioning of Council Regulation (EC) No 44/2001 on jurisdiction and 
the recognition and enforcement of judgments in civil and commercial matters, since the latter 
refers  to  its  provisions  for  the  service  of  documents  instituting  proceedings  or  equivalent 
documents1. Regulation 44/2001 also applies to all Member States except Denmark. It revised 
and  modernized  the  rules  of  the  Brussels  Convention  of  1968  on  jurisdiction  and  the 
recognition and enforcement of judgements to which all  Member States  including  Denmark 
are  a  party.  The  non-application  in  Denmark  of  Regulation  44/2001  results  in  an 
unsatisfactory  legal  situation,  where  applicable  rules  on  jurisdiction,  recognition  and 
enforcement  of  judgments  in  Denmark  and  in  other  Member  States  of  the  European  Union 
differ  from  each  other.  This  constitutes  a  step  backwards  given  that  prior  to  the  entry  into 
force  of  Regulation  44/2001  the  rules  of  the  Brussels  Convention  applied  uniformly  to  all 
Member States. The current situation therefore jeopardizes the uniformity and legal certainty 
of the Community rules. 

Denmark  has  expressed  on  several  occasions  its  interest  to  participate  in  the  regime 
constituted  by  Regulations  44/2001  and  1348/2000.  After  in  depth  discussions,  the 
Commission  accepted  to  negotiate  parallel  agreements  with  Denmark,  provided  that  the 
following conditions were fulfilled: Such a solution would have to be of an exceptional nature 
and  for  a  transitional  period  only,  the  participation  of  Denmark  in  the  Community  regime 
would have to be fully in the interests of the Community and its citizens and the requirements 
imposed on Denmark would have to be identical to those imposed on all Member States, so as 
to ensure that rules with the same content are applied in Denmark and in the other Member 
States. 

In view of the situation outlined above, the Commission considered it to be in the Community 
interest  to  extend  to  Denmark  the  provisions  of  Regulation  44/2001  and  Regulation 
1348/2000. The agreement extending the provisions of Regulation 44/2001 to Denmark is the 
subject matter of a separate Council decision. In particular, the Commission considered that if 
the  provisions  of  Regulation  44/2001  are  extended  to  Denmark  by  virtue  of  a  parallel 
agreement, the provisions of Regulation 1348/2000 had to be so extended as well due to the 
close link of the two instruments. 

The  Commission  presented  on  28th  June  2002  a  recommendation  for  a  Council  Decision 
authorizing  the  Commission  to  open  negotiations  for  the  conclusion  of  two  agreements 

1 

Cf. Art. 26 (3) of Regulation 44/2001. 

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between  the  European  Community  and  Denmark,  extending  both  Regulation  44/2001  and 
Regulation 1348/2000 to Denmark.  

The Council decided on 8 Mai 2003 to exceptionally authorize the Commission to negotiate 
an  agreement  with  Denmark  with  the  view  to  make  the  provisions  of  Regulation  (EC) 
44/2001 as well as the provisions of Regulation (EC) No 1348/2000 applicable to Denmark 
under international law. 

2. 

Results of the Negotiations 

The  Commission  negotiated  the  parallel  agreement  extending  to  Denmark  the  provisions  of 
Regulation  1348/2000  on  the  service  of  judicial  and  extrajudicial  documents  in  civil  and 
commercial  matters  in  accordance  with  the  Council’s  negotiating  directives,  carefully 
ensuring that rights and obligations of Denmark under this agreement correspond to rights and 
obligations of the other Member States.  

As a result, the parallel agreement contains in particular the following provisions:  

•  appropriate rules on the role of the Court of Justice to ensure the uniform interpretation of 
the instrument applied by the parallel agreement between Denmark and the other Member 
States; 

•  a mechanism to enable Denmark to accept future amendments by the Council to the basic 
instrument and the future  implementing measures to  be adopted under  Article  202 of  the 
EC Treaty;  

•  a  clause  providing  that  the  agreement  is  considered  terminated  if  Denmark  refuses  to 

accept such future amendments and implementing measures;  

•  rules specifying Denmark’s obligations in negotiations with third countries for agreements 

concerning matters covered by the parallel agreement; 

•  the  possibility  of  denouncing  the  parallel  agreement  by  giving  notice  to  the  other 

Contracting Party. 

3. 

Conclusions 

In  view  of  the  positive  outcome  of  the  negotiations,  the  Commission  recommends  that  the 
Council adopt the following two decisions: 

Firstly,  a  decision  concerning  the  signing  of  the  Agreement  between  the  European 
Community  and  the  Kingdom  of  Denmark  extending to  Denmark the provisions of Council 
Regulation  (EC)  No  1348/2000  on  the  service  in  the  Member  States  of  judicial  and 
extrajudicial documents in civil or commercial matters. 

Secondly,  a  decision  concerning  the  conclusion  of  the  Agreement  between  the  European 
Community  and  the  Kingdom  of  Denmark  extending to  Denmark the provisions of Council 
Regulation  (EC)  No  1348/2000  on  the  service  in  the  Member  States  of  judicial  and 
extrajudicial documents in civil or commercial matters. 

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Proposal for a 

COUNCIL DECISION 

concerning the signing of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 1348/2000 on the service in the Member States of judicial and extrajudicial 
documents in civil or commercial matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c) and in conjunction with the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community,  Denmark  is  not  bound  by  the  provisions  of  Regulation  (EC)  No 
1348/20003, nor subject to their application. 

By Decision of 8 May 2003, the Council authorised the Commission to negotiate an 
agreement between the European Community and the Kingdom of Denmark extending 
to Denmark the provisions of the above-mentioned Regulation.  

The  Commission  has  negotiated  such  agreement,  on  behalf  of  the  Community,  with 
the Kingdom of Denmark. 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United Kingdom  and  Ireland  annexed  to  the TEU  and  the TEC,  are 
taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of the above-mentioned Protocol on the position 
of  Denmark,  Denmark  is  not  taking  part  in  the  adoption  and  application  of  this 
Decision. 

(6) 

The Agreement, initialled at Brussels on 17 January 2005, should be signed. 

2 
3 

OJ C […] […], p.[…] 
OJ L 160, 30.6.2000, p. 37. 

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HAS DECIDED AS FOLLOWS:  

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community, the Agreement between the European Community and the Kingdom of Denmark 
extending to Denmark the provisions of Regulation (EC) No. 1348/2000 on the service in the 
Member States of judicial and extrajudicial documents in civil or commercial matters. 

Done at Brussels,  

For the Council 
The President 

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2005/0056 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 1348/2000 on the service in the Member States of judicial and extrajudicial 
documents in civil or commercial matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c)  and  in  conjunction  with  the  first  subparagraph  of  Article  300(2)  and  the  first 
subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community,  Denmark  is  not  bound  by  the  provisions  of  Regulation  (EC)  No 
1348/20006, nor subject to their application. 

The Commission has negotiated an agreement between the European Community and 
the  Kingdom  of  Denmark  extending  to  Denmark  the  provisions  of  the  above-
mentioned Regulation.  

The Agreement was signed, on behalf of the European Community, on ………2005, 
subject to its possible conclusion at a later date, in accordance with Decision .../…/EC 
of the Council of […….]. 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United Kingdom  and  Ireland  annexed  to  the TEU  and  the TEC,  are 
taking part in the adoption and application of this Decision. 

In accordance with Articles 1 and 2 of the above-mentioned Protocol on the position 
of  Denmark,  Denmark  is  not  taking  part  in  the  adoption  and  application  of  this 
Decision. 

4 
5 
6 

OJ C […] […], p.[…] 
OJ C […] […], p.[…] 
OJ L 160, 30.6.2000, p. 37. 

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(6) 

This Agreement should be approved. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement between the European Community and the Kingdom of Denmark extending 
to  Denmark  the  provisions  of  Council  Regulation  (EC)  No  1348/2000  on  the  service  in  the 
Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial  matters  is 
approved on behalf of the Community. 

The text of the Agreement is attached to this Decision.  

Article 2 

The President of the Council is hereby authorised to designate the person empowered to make 
the notification provided for in Article 10(2) of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT 

between the European Community and 

the Kingdom of Denmark 

on 

the service of judicial and extrajudicial documents in civil or commercial matters 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as “the Community”, of the one part, and  

THE KINGDOM OF DENMARK, 

hereinafter referred to as “Denmark”, of the other part, 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

7 

DESIRING  to  improve  and  expedite  transmission  between  Denmark  and  the  other 
Member States of the Community of judicial and extrajudicial documents in civil or 
commercial matters, 

CONSIDERING  that  transmission  for  this  purpose  is  to  be  made  directly  between 
local bodies designated by the Contracting Parties, 

CONSIDERING  that  speed  in  transmission  warrants  the  use  of  all  appropriate 
means,  provided  that  certain  conditions  as  to  the  legibility  and  reliability  of  the 
documents received are observed, 

CONSIDERING  that  security  in  transmission  requires  that  the  document  to  be 
transmitted be accompanied by a pre-printed form, to be completed in the language 
of the place where the service is to be effected, or in another language accepted by 
the receiving Member State, 

CONSIDERING that to secure the effectiveness of this Agreement, the possibility of 
refusing service of documents should be confined to exceptional situations, 

WHEREAS  the  Convention  on  the  service  in  the  Member  States  of  the  European 
Union of judicial and extrajudicial documents in civil or commercial matters drawn 
up by the Council of the European Union by Act of 26 May 19977 has not entered 
into force and that continuity in the results of the negotiations for conclusion of the 
Convention should be ensured, 

WHEREAS the main content of that Convention has been taken over in the Council 
of the European Union Regulation No. 1348/2000 of 29 May 2000 on the service in 

OJ C 261, 27.8.1997, p. 1. On the same day as the Convention was drawn up the Council took note of 
the  explanatory  report  on  the  Convention  which  is  set  out  on  p.  26  of  the  aforementioned  Official 
Journal. 

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8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial 
matters8 (“the Regulation on the service of documents”), 

REFERRING to the Protocol on the position of Denmark annexed to the Treaty on 
European  Union  and  to  the  Treaty  establishing  the  European  Community  (“the 
Protocol  on  the  position  of  Denmark”)  pursuant  to  which  the  Regulation  on  the 
service of documents shall not be binding upon or applicable in Denmark, 

DESIRING that the provisions of the Regulation on the service of documents, future 
amendments  hereto  and  the  implementing  measures  relating  to  it  should  under 
international law apply to the relations between the Community and Denmark being 
a  Member  State  with  a  special  position  with  respect  to  Title  IV  of  the  Treaty 
establishing the European Community, 

STRESSING  the  importance  of  proper  co-ordination  between  the  Community  and 
Denmark with regard to the negotiation  and conclusion of international  agreements 
that may affect or alter the scope of the Regulation on the service of documents, 

STRESSING that Denmark should seek to join international agreements entered into 
by the Community where Danish participation in such agreements is relevant for the 
coherent  application  of  the  Regulation  on  the  service  of  documents  and  this 
Agreement, 

STATING  that  the  Court  of  Justice  of  the  European  Communities  should  have 
jurisdiction  in  order  to  secure  the  uniform  application  and  interpretation  of  this 
Agreement  including  the  provisions  of  the  Regulation  on  the  service  of  documents 
and any implementing Community measures forming part of this Agreement, 

REFERRING  to  the  jurisdiction  conferred  to  the  Court  of  Justice  of  the  European 
Communities  pursuant  to  Article  68(1)  of  the  Treaty  establishing  the  European 
Community  to  give  rulings  on  preliminary  questions  relating  to  the  validity  and 
interpretation of acts of the institutions of the Community based on Title IV  of the 
Treaty,  including  the  validity  and  interpretation  of  this  Agreement,  and  to  the 
circumstance that this provision shall not be binding upon or applicable in Denmark, 
as results from the Protocol on the position of Denmark, 

CONSIDERING that the Court of Justice of the European Communities should have 
jurisdiction  under  the  same  conditions  to  give  preliminary  rulings  on  questions 
concerning  the  validity  and  interpretation  of  this  Agreement  which  are  raised  by  a 
Danish  court  or  tribunal,  and  that  Danish  courts  and  tribunals  should  therefore 
request preliminary rulings under the same conditions as courts and tribunals of other 
Member  States  in  respect  of  the  interpretation  of  the  Regulation  on  the  service  of 
documents and its implementing measures, 

REFERRING  to  the  provision  that,  pursuant  to  Article  68(3)  of  the  Treaty 
establishing  the  European  Community,  the  Council  of  the  European  Union,  the 
European  Commission  and  the  Member  States  may  request  the  Court  of  Justice  of 
the  European  Communities  to  give  a  ruling  on  the  interpretation  of  acts  of  the 

8 

OJ L 160, 30.6.2000, p. 37. 

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institutions  of  the  Community  based  on  Title  IV  of  the  Treaty,  including  the 
interpretation of this Agreement, and the circumstance that this provision shall not be 
binding upon or applicable in Denmark, as results from the Protocol on the position 
of Denmark, 

CONSIDERING that Denmark should, under the same conditions as other Member 
States in respect of the Regulation on the service of documents and its implementing 
measures, be accorded the possibility to request the Court of Justice of the European 
Communities  to  give  rulings  on  questions  relating  to  the  interpretation  of  this 
Agreement, 

STRESSING  that  under  Danish  law  the  courts  in  Denmark  should–  when 
interpreting this Agreement including the provisions of the Regulation on the service 
of  documents  and  any  implementing  Community  measures  forming  part  of  this 
Agreement – take due account of the rulings contained in the case law of the Court of 
Justice of the European Communities and of the courts of the Member States of the 
European Communities in respect of provisions of the Regulation on the service of 
documents and any implementing Community measures, 

CONSIDERING  that  it  should  be  possible  to  request  the  Court  of  Justice  of  the 
European Communities to rule on questions relating to compliance with obligations 
under  this  Agreement  pursuant  to  the  provisions  of  the  Treaty  establishing  the 
European Community governing proceedings before the Court,  

Whereas,  by  virtue  of  article  300(7)  of  the  Treaty  establishing  the  European 
Community,  this  agreement  binds  Member  States;  it  is  therefore  appropriate  that 
Denmark, in the case of non compliance by a Member State, should be able to seize 
the Commission as guardian of the Treaty; 

16. 

17. 

18. 

19. 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

Aim 

1. 

2. 

3. 

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

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

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

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ARTICLE 2 

Cooperation on the service of documents 

1. 

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

2. 

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

1. 

2. 

3. 

4. 

5. 

6. 

ARTICLE 3 

Amendments to the Regulation on the service of documents 

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

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

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

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

If  the  notification  indicates  that  implementation  requires  parliamentary  approval  in 
Denmark the following rules shall apply: 

(a) 

(b) 

Legislative measures in Denmark shall enter into force on the date of entry into 
force  of  the  amendments  to  the  Regulation  or  within  6  months  after  the 
notification, whichever date is the latest; 

Denmark  shall  notify 
implementing legislative measures enter into force. 

the  Commission  of 

the  date  upon  which 

the 

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

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7. 

In case: 

(a) 

(b) 

(c) 

Denmark notifies its decision not to implement the content of the amendments; 
or 

Denmark does not make a notification within the 30 days time limit set out in 
paragraph 2; or 

Legislative measures in Denmark do not enter into force within the time limits 
set out in paragraph 5; 

this  Agreement  shall  be  considered  terminated  unless  the  parties  decide  otherwise 
within  90  days  or,  in  the  situation  referred  to  under  c,  legislative  measures  in 
Denmark  enter  into  force  within  the  same  period.  Termination  shall  take  effect  3 
months after the expiry of the 90 days period.  

8. 

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

ARTICLE 4 

Implementing measures 

1. 

2. 

3. 

4. 

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

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

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

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

5. 

In case: 

(a) 

(b) 

Denmark notifies its decision not to implement the content of the implementing 
measures; or 

Denmark does not make a notification within the 30 days time limit set out in 
paragraph 2;  

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6. 

7. 

8. 

1. 

2. 

3. 

1. 

this  Agreement  shall  be  considered  terminated  unless  the  parties  decide  otherwise 
within 90 days. Termination shall take effect 3 months after the expiry of the 90 days 
period.  

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

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

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

ARTICLE 5 

International agreements which affect the Regulation on the service of documents 

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

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

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

ARTICLE 6 

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

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

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2. 

3. 

4. 

5. 

6. 

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

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

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

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

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

In such a case this Agreement shall be considered terminated. Termination shall take 
effect 3 months after the notification. 

7. 

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

ARTICLE 7 

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

1. 

2. 

3. 

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

Denmark may bring a complaint to the Commission as to the non-compliance by a 
Member State of its obligations by virtue of this agreement. 

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

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ARTICLE 8 

Territorial application 

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

ARTICLE 9 

Termination of the Agreement 

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

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

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

ARTICLE 10 

Entry into force 

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

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

1. 

2. 

3. 

1. 

2. 

ARTICLE 11 

Authenticity of texts 

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

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. 

Annex 

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