Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters
Date: 2005-10-19
Institutions: Denmark, European Community
Subjects: Denmark, agreement (EU), civil law, commercial law, judicial cooperation, judicial cooperation in civil matters in the EU

17.11.2005

EN

Official Journal of the European Union

L 300/55

between the European Community and the Kingdom of Denmark on the service of judicial and
extrajudicial documents in civil or commercial matters

AGREEMENT

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,

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 1997 (1)
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 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 (2)
(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 coordination 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,

(1) 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.

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

L 300/56

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Official Journal of the European Union

17.11.2005

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,

the Court of

the European Communities should have jurisdiction under the same
CONSIDERING that
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,

Justice of

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 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,

HAVE AGREED AS FOLLOWS:

Article 1

Aim

The aim of this Agreement is to apply the provisions of
1.
the Regulation on the service of documents and its imple-
menting measures to the relations between the Community
and Denmark,
this
Agreement.

in accordance with Article 2(1) of

2.
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
from the Protocol on the position of

result

3.
Agreement
Denmark.

Article 2

Cooperation on the service of documents

The provisions of

the Regulation on the service of
1.
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 relations between the
Community and Denmark.

17.11.2005

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Official Journal of the European Union

L 300/57

The date of entry into force of this Agreement shall apply
2.
instead of the date referred to in Article 25 of the Regulation.

(b) Denmark does not make a notification within the 30-day

time limit set out in paragraph 2; or

Article 3

Amendments

to the Regulation on the
documents

service of

Denmark shall not

adoption of
1.
amendments to the Regulation on the service of documents
and no such amendments shall be binding upon or applicable
in Denmark.

take part

in the

2. 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. Notifi-
cation shall be given at
the
amendments or within 30 days thereafter.

the adoption of

the time of

3.
If Denmark decides that it will implement the content of
the amendments the notification shall indicate whether imple-
mentation can take place administratively or requires parlia-
mentary approval.

If the notification indicates that implementation can take
4.
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
in Denmark, the following rules shall

5.
parliamentary approval
apply:

(a)

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;

(b) Denmark shall notify the Commission of the date upon
which the implementing legislative measures enter
into
force.

A Danish notification that the content of the amendments
6.
have been implemented in Denmark,
in accordance with
paragraph 4 and 5, creates mutual obligations under interna-
law between Denmark and the Community. The
tional
constitute
to
amendments
amendments
to this Agreement and shall be considered
annexed hereto.

the Regulation

shall

then

7.

In cases where:

(c)

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
legislative measures in Denmark enter into force
under (c),
within the same period. Termination shall
three
months after the expiry of the 90-day period.

take effect

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

Denmark shall not take part in the adoption of opinions
1.
by the Committee referred to in Article 18 of the Regulation on
the service of documents.
Implementing measures adopted
pursuant to Article 17 of that Regulation shall not be binding
upon and shall not be applicable in Denmark.

2. 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 thereafter.

3.
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

4.
the imple-
menting measures has been implemented in Denmark creates
law between Denmark
mutual obligations under international
and the Community. The implementing measures will
then
form part of this Agreement.

the content of

5.

In cases where:

(a) Denmark notifies its decision not to implement the content

of the implementing measures; or

(b) Denmark does not make a notification within the 30-day

time limit set out in paragraph 2,

(a) Denmark notifies its decision not to implement the content

of the amendments; or

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

L 300/58

EN

Official Journal of the European Union

17.11.2005

Requests that have been transmitted before the date of
6.
termination of the Agreement as set out in paragraph 5 are
not affected hereby.

on the service of documents and its implementing measures
referred to in Article 2(1) of this Agreement.

If in exceptional cases the implementation requires parlia-
7.
mentary approval
in Denmark, the Danish notification under
paragraph 2 shall indicate this and the provisions of Article 3(5)
to (8), shall apply.

Under Danish law, the courts in Denmark shall, when
2.
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.

8.
Denmark shall communicate to the Commission the infor-
mation 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 of
that Regulation 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
1.
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.

2.
Denmark will abstain from entering into international
agreements which may affect or alter the scope of the Regu-
lation on the service of documents as annexed to this
Agreement unless
in agreement with the
done
Community and satisfactory arrangements have been made
with regard to the relationship between this Agreement and
the international agreement in question.

is

it

3. 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 coor-
dinate its position with the Community and will abstain from
any actions that would jeopardise the objectives of a coor-
dinated position of
sphere of
competence in such negotiations.

the Community within its

3.
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.

4.
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
5.
European Communities and its Rules of Procedure shall apply.

If the provisions of the Treaty establishing the European
6.
Community regarding rulings by the Court of
Justice are
amended with consequences for rulings in respect of the Regu-
lation 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
thereafter.

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

Requests that have been transmitted before the date of
7.
termination of the Agreement as set out in paragraph 6 are
not affected hereby.

Article 7

Article 6

Jurisdiction of
Communities

the Court of
relation
in

to

Justice of

compliance with

the European
the

Jurisdiction of
Communities in relation to the interpretation of

the European
the

the Court of

Justice of

Agreement

1. 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

Agreement

1.
The Commission may bring before the Court of Justice
cases against Denmark concerning non-compliance with any
obligation under this Agreement.

2.
Denmark may bring a complaint before the Commission
as to the non-compliance by a Member State of its obligations
under this Agreement.

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Official Journal of the European Union

L 300/59

The relevant provisions of

the Treaty establishing the
3.
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.

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

1.
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, in accordance with Article 7 of that Protocol.

This Agreement may be terminated by either Contracting
2.
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
3.
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

1.
Parties in accordance with their respective procedures.

2.
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.

Article 11

Authenticity of texts

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

Lithuanian, Maltese,

Latvian,

Italian,

Hecho en Bruselas, el diecinueve de octubre del dos mil cinco.
V Bruselu dne devatenáctého října dva tisíce pět.

Udfærdiget i Bruxelles den nittende oktober to tusind og fem.

Geschehen zu Brüssel am neunzehnten Oktober zweitausendfünf.

Kahe tuhande viienda aasta oktoobrikuu üheksateistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δέκα εννέα Οκτωβρίου δύο χιλιάδες πέντε.

Done at Brussels on the nineteenth day of October in the year two thousand and five.

Fait à Bruxelles, le dix-neuf octobre deux mille cinq.

Fatto a Bruxelles, addì diciannove ottobre duemilacinque.
Briselē, divtūkstoš piektā gada deviņpadsmitajā oktobrī.
Priimta du tūkstančiai penktų metų spalio devynioliktą dieną Briuselyje.
Kelt Brüsszelben, a kettőezer ötödik év október tizenkilencedik napján.
Magħmul fi Brussel, fid-dsatax jum ta' Ottubru tas-sena elfejn u ħamsa.

Gedaan te Brussel, de negentiende oktober tweeduizend vijf.
Sporządzono w Brukseli dnia dziewiętnastego października roku dwa tysiące piątego.

Feito em Bruxelas, em dezanove de Outubro de dois mil e cinco.
V Bruseli dňa devätnásteho októbra dvetisícpäť.
V Bruslju, devetnajstega oktobra leta dva tisoč pet.

Tehty Brysselissä yhdeksäntenätoista päivänä lokakuuta vuonna kaksituhattaviisi.

Som skedde i Bryssel den nittonde oktober tjugohundrafem.

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Official Journal of the European Union

17.11.2005

Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólonoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por el Reino de Dinamarca
Za Dánské království
For Kongeriget Danmark
Für das Königreich Dänemark
Taani Kuningriigi nimel
Για το Βασίλειο της Δανίας

For the Kingdom of Denmark
Pour le Royaume de Danemark
Per il Regno di Danimarca
Dānijas Karalistes vārdā
Danijos Karalystės vardu
A Dán Királyság részéről
Għar-Renju tad-Danimarka
Voor het Koninkrijk Denemarken
W imieniu Królestwa Danii
Pelo Reino da Dinamarca
Za Dánske kráľovstvo
Za Kraljevino Dansko
Tanskan kuningaskunnan puolesta
På Konungariket Danmarks vägnar