Amended proposal for a Regulation of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ("Service of documents") (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2006-12-01
Institutions: European Commission
Subjects: European judicial area, civil law, commercial law, exchange of information, judicial cooperation in criminal matters in the EU

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.12.2006 
COM(2006) 751 final 

2005/0126 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters ("Service of documents") 

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND 

On  11  July  2005  the  Commission  adopted  a  proposal  for  a  Regulation  of  the  European 
Parliament and of the Council amending 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  matters1.  The  European  Parliament  referred  the  proposal  to  its  Legal  Affairs 
Committee  which  approved  its  report  on  2  February  2006.  On  14  February  2006,  the 
European  Economic  and  Social  Committee  issued  its  opinion  on  the  proposal.2  Council 
reached a general agreement on the text of the Regulation at its meeting on 1 June 2006 and 
suggested to submit a coordinated version of the text. At the plenary session on 4 July 2006, 
the European Parliament adopted its opinion approving the Commission proposal subject to a 
number  of  amendments,  and  called  on  the  Commission  to  submit  a  coordinated  and 
comprehensive version of the Regulation incorporating the amendments by way of its revised 
proposal. The amendments adopted by the European Parliament correspond to the text agreed 
by the Council on 1 June 2006.  

2. 

OBJECTIVE OF THE AMENDED PROPOSAL 

This amended proposal adapts the original Commission proposal to the general agreement of 
the Council and to the opinion of the European Parliament in a codified version. 

3. 

COMMISSION  OPINION  ON  THE  AMENDMENTS  ADOPTED  BY 
PARLIAMENT 

All amendments adopted by the European Parliament are accepted by the Commission in their 
entirety. 

4. 

CONCLUSION 

Having  regard  to  Article  250  paragraph  2  of  the  EC  Treaty,  the  Commission  modifies  its 
proposal as follows. 

1 
2 

COM(2005) 305 final. 
CESE 231/2006. 

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2005/0126 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters ("Service of documents") 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61(c) thereof and Article 67(5), second indent, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty; 

Whereas: 

(1) 

(2) 

(3) 

The Union has set itself the objective of maintaining and developing the Union as an 
area  of  freedom,  security  and  justice,  in  which  the  free  movement  of  persons  is 
assured.  To  establish  such  an  area,  the  Community  is  to  adopt,  among  others,  the 
measures  relating  to  judicial  cooperation  in  civil  matters  needed  for  the  proper 
functioning of the internal market. 

The proper functioning of the internal market entails the need to improve and expedite 
the transmission of judicial and extrajudicial documents in civil or commercial matters 
for service between the Member States. 

The Council, by an Act dated 26 May 1997,5 drew up a Convention on the service in 
the Member States of the European Union of judicial and extrajudicial documents in 
civil or commercial matters and recommended it for adoption by the Member States in 
accordance with their respective constitutional rules. That Convention has not entered 
into  force.  Continuity  in  the  results  of  the  negotiations  for  conclusion  of  the 
Convention should be ensured. 

3 

4 

5 

OJ C […] […], p.[…]. 
OJ C […] […], p.[…]. 
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  page  26  of  the  aforementioned  Official 
Journal. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

On 29 May 2000 the Council adopted Regulation (EC) No 1348/2000 on the service in 
the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial 
matters.6 The main content of the Regulation is based on the Convention. 

On  1  October  2004  the  Commission  adopted  a  report7  on  the  application  of  Council 
Regulation  (EC)  1348/2000  on  the  service  in  the  Member  States  of  judicial  and 
extrajudicial  documents  in  civil  or  commercial  matters.8  The  report  concludes  that 
since  its  entry  into  force  in  2001,  the  application  of  Regulation  (EC)  No  1348/2000 
has generally improved and expedited the transmission and the service of documents 
between Member States, but that nevertheless the application of certain provisions of 
the Regulation is not fully satisfactory. 

Efficiency  and  speed  in  judicial  procedures  in  civil  matters  means  that  the 
transmission of judicial and extrajudicial documents is to be made direct and by rapid 
means  between  local  bodies  designated  by  the  Member  States.  Member  States  may 
indicate their intention of designating only one transmitting or receiving agency or one 
agency  to  perform  both  functions  for  a  period  of  five  years.  This  designation  may, 
however, be renewed every five years. 

Speed in transmission warrants the use of all appropriate means, provided that certain 
conditions  as  to  the  legibility  and  reliability  of  the  document  received  are  observed. 
Security in transmission requires that the document to be transmitted be accompanied 
by a standard form, to be completed in the language of the place where service is to be 
effected, or in another language accepted by the Member State in question. 

This  Regulation  should  not  apply  to  service  of  a  document  on  the  party's  authorized 
representative in the Member State where the proceedings take place regardless of the 
place of the residence of that party. 

The  service  of  a  document  should  be  effected  as  soon  as  possible,  and  in  any  event 
within one month of receipt by the receiving agency. 

(10)  To  secure  the  effectiveness  of  this  Regulation,  the  possibility  of  refusing  service  of 

documents should be confined to exceptional situations. 

(11) 

In  order  to  facilitate  the  transmission  and  service  of  documents  between  Member 
States, the standard forms set out in the Annexes of this Regulation should be used. 

(12)  The  receiving  agency  should  inform  the  addressee  in  writing  using  a  standard  form 
that he or she may refuse to accept the document to be served at the time of service or 
by sending the document to the receiving agency within one week if it is not either in a 
language which he or she understands or in an official language of the place of service. 
This rule also applies to the subsequent service once the addressee has exercised his or 
her right of refusal. These rules on refusal should also apply to service by diplomatic 
or  consular  agents,  service  by  postal  services,  and  direct  service.  It  should  be 
established that the service of a document can be remedied through the service on the 
addressee of a translation of the document. 

6 
7 
8 

OJ L 160, 30.6.2000, p. 37. 
COM/2004/603 final; SEC(2004) 1145 
OJ L 160 , 30.6.2000 p. 37. 

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(13)  Speed  of  transmission  warrants  documents  being  served  within  days  of  reception  of 
the document. However, if service has not been effected after one month has elapsed, 
the receiving agency should inform the transmitting agency. The expiry of this period 
should  not  imply  that  the  request  be  returned  to  the  transmitting  agency  where  it  is 
clear that service is feasible within a reasonable period. 

(14)  The receiving agency should continue to take all necessary steps to serve the document 
also  in  cases  where  it  has  not  been  possible  to  effect  service  within  the  month,  for 
example,  because  the  defendant  has  been  away  from  his  or  her  home  on  holiday,  or 
away from his or her office on business. Furthermore, in order to avoid an open-ended 
obligation for the receiving agency to take steps to serve a document, the transmitting 
agency should be able to specify a deadline in the standard form after which service is 
no longer required. 

(15)  Given the differences between the Member States as regards their rules of procedure, 
the material date for the purposes of service varies from one Member State to another. 
Having  regard  to  such  situations  and  the  possible  difficulties  that  may  arise,  this 
Regulation should provide for a system where it is the law of the receiving Member 
State which determines the date of service. However, where according to the law of a 
Member  State  a  document  shall  be  served  within  a  particular  period,  the  date  to  be 
taken into account with respect to the applicant should be that fixed by the law of that 
Member State. This system applies only to a limited number of Member States. Those 
Member States where this system applies should communicate this to the Commission 
which is to publish this information in the Official Journal of the European Union and 
make  it  available  in  the  European  Judicial  Network  in  civil  and  commercial  matters 
established in accordance with decision 2001/470/EC.9 

(16) 

In order to facilitate access to justice, costs occasioned by the employment of a judicial 
officer or of a person competent under the law of the Member State addressed should 
correspond  to  a  single  fixed  fee  laid  down  by  that  Member  State  in  advance  which 
respects the principles of proportionality and non-discrimination. The requirement of a 
single fixed fee should not prejudice the possibility for Member States to fix different 
fees for different types of service as long as they respect these principles. 

(17)  Each  Member  State  should  be  free  to  effect  service  of  documents  directly  by  postal 
services  to  persons  residing  in  another  Member  State  by  registered  letter  with 
acknowledgement of receipt or equivalent. 

(18)  Any  person  interested  in  a  judicial  proceeding  may  effect  service  of  documents 
directly  through  the  judicial  officers,  officials  or  other  competent  persons  of  the 
Member State addressed, where such direct service is permitted under the law of that 
Member State. 

(19)  The  Commission  should  draw  up  a  manual  containing  information  relevant  for  the 
proper application of this Regulation, which should be made available in the European 
Judicial Network in civil and commercial matters. The Commission and the Member 
States should do their utmost to ensure that this information is up to date and complete 
especially as regards contact details of receiving and transmitting agencies. 

9 

OJ L 174, 27.6.2001, p. 25. 

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(20) 

In  calculating  the  periods  and  time  limits  provided  for  in  Regulation  (EC)  No 
1348/2000, Regulation (EEC, Euratom) No 1182/7110 of the Council of 3 June 1971 
determining the rules applicable to periods, dates and time limits should apply. 

(21)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission.11 

(22) 

In  particular,  power  should  be  conferred  on  the  Commission  to  update  or  make 
technical  amendments  to  the  standard  forms  set  out  in  the  Annexes.  Since  those 
measures  are  of  general  scope  and  are  designed  to  amend/delete  non-essential 
elements of this Regulation, they should be adopted in accordance with the regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(23)  This  Regulation  prevails  over  the  provisions  contained  in  bilateral  or  multilateral 
agreements or arrangements having the same scope, concluded by the Member States, 
and  in  particular  the  Protocol  annexed  to  the  Brussels  Convention  of  27  September 
196812  and  the  Hague  Convention  of  15  November  1965  in  relations  between  the 
Member States party thereto. This Regulation does not preclude Member States from 
maintaining  or  concluding  agreements  or  arrangements  to  expedite  or  simplify  the 
transmission of documents, provided that they are compatible with the Regulation. 

(24)  The  information  transmitted  pursuant  to  this  Regulation  should  enjoy  suitable 
protection. This matter falls within the scope of Directive 95/46/EC of the European 
Parliament  and  of  the  Council  of  24  October  1995  on  the  protection  of  individuals 
with  regard  to  the  processing  of  personal  data  and  on  the  free  movement  of  such 
data,13 and of Directive 97/66/EC of the European Parliament and of the Council of 
15  December  1997  concerning  the  processing  of  personal  data  and  the  protection  of 
privacy in the telecommunications sector.14 

(25)  No  later  than  1  June  2011  and  every  five  years  thereafter,  the  Commission  should 
review the application of this Regulation and propose such amendments as may appear 
necessary. 

(26)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member 
States  and  can  therefore,  by  reason  of  the  scale  or  effects  of  the  action,  be  better 
achieved  at  Community  level,  the  Community  may  adopt  measures,  in  accordance 
with the principle  of subsidiarity as  set out in Article 5 of the  Treaty.  In accordance 
with the principle of proportionality, as set out in that Article, this Regulation does not 
go beyond what is necessary in order to achieve those objectives. 

(27) 

In  order  to  make  the  instrument  more  easily  accessible  and  readable,  Council 
Regulation  (EC)  1348/2000  on  the  service  in  the  Member  States  of  judicial  and 

10 
11 
12 

13 
14 

OJ L 124 ,8.6.1971, p. 1 
OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). 
Brussels Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil 
and Commercial Matters (OJ L 299, 13.12.1972, p. 32; consolidated version, OJ C 27, 26.1.1998, p. 1). 
OJ L 281, 23.11.1995, p. 31. 
OJ L 24, 30.1.1998, p. 1. 

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extrajudicial  documents  in  civil  or  commercial  matters  should  be  repealed  and  be 
replaced by this Regulation. 

(28)  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 Treaty on European Union 
and the Treaty  establishing the  European Community are taking part in the adoption 
and application of this Regulation. 

(29)  Denmark,  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,  is  not  participating  in  the  adoption  of  this  Regulation,  and  is 
therefore not bound by it nor subject to its application. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Scope 

1. 

This  Regulation  shall  apply  in  civil  and  commercial  matters  where  a  judicial  or 
extrajudicial document has to be transmitted from one Member State to another for 
service there. It shall not extend in particular to revenue, customs or administrative 
matters  or  to  liability  of  the  State  for  actions  or  omissions  in  the  exercise  of  state 
authority ("acta iure imperii"). 

2. 

This Regulation shall not apply: 

(a)  where the address of the person to be served with the document is not known; 

(b)  where the service is to be effected to the party's authorized representative in the 
Member  State  where  the  proceedings  take  place,  regardless  of  the  place  of 
residence of the party. 

Article 2 

Transmitting and receiving agencies 

1. 

2. 

Each Member State shall designate the public officers, authorities or other persons, 
hereinafter referred to as "transmitting agencies", competent for the transmission of 
judicial or extrajudicial documents to be served in another Member State. 

Each Member State shall designate the public officers, authorities or other persons, 
hereinafter referred to as "receiving agencies", competent for the receipt  of judicial 
or extrajudicial documents from another Member State. 

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3. 

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

4. 

Each Member State shall provide the Commission with the following information: 

(a) 

the names and addresses of the receiving agencies referred to in paragraphs 2 
and 3;  

(b) 

the geographical areas in which they have jurisdiction; 

(c) 

the means of receipt of documents available to them; and 

(d) 

the  languages  that  may  be  used  for  the  completion  of  the  standard  form  in 
Annex I. 

Member  States  shall  notify  the  Commission  of  any  subsequent  modification  of  such 
information. 

Article 3 

Central body 

Each Member State shall designate a central body responsible for: 

(a) 

supplying information to the transmitting agencies;  

(b) 

(c) 

seeking  solutions  to  any  difficulties  which  may  arise  during  transmission  of 
documents for service; 

forwarding,  in  exceptional  cases,  at  the  request  of  a  transmitting  agency,  a 
request for service to the competent receiving agency. 

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

CHAPTER II 

JUDICIAL DOCUMENTS 

Article 4 

Transmission of documents 

1. 

2. 

EN 

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

The transmission of documents, requests, confirmations, receipts, certificates and any 
other  papers  between  transmitting  agencies  and  receiving  agencies  may  be  carried 

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3. 

4. 

5. 

1. 

2. 

1. 

2. 

3. 

out by any appropriate means, provided that the content of the document received is 
true  and  faithful  to  that  of  the  document  forwarded  and  that all information in  it is 
easily legible. 

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

The  documents  and  all  papers  that  are  transmitted  shall  be  exempted  from 
legalisation or any equivalent formality. 

When the transmitting agency wishes a copy of the document to be returned together 
with the certificate referred to in Article 10, it shall send the document in duplicate. 

Article 5 

Translation of documents 

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

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

Article 6 

Receipt of documents by receiving agency 

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

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

If the request for service is manifestly outside the scope of this Regulation or if non-
compliance  with  the  formal  conditions  required  makes  service  impossible,  the 
request  and  the  documents  transmitted  shall  be  returned,  on  receipt,  to  the 
transmitting agency, together with the notice of return in the standard form in Annex 
I. 

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4. 

1. 

2. 

1. 

or 

2. 

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

Article 7 

Service of documents 

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

The  receiving  agency  shall  take  all  necessary  steps  to  effect  the  service  of  the 
document as soon as possible, and in any event within one month of receipt. If it has 
not been possible to effect service within one month of receipt, the receiving agency  

a) 

b) 

shall immediately inform the transmitting agency by means of the certificate in 
the  standard  form  in  Annex  I,  which  shall  be  drawn  up  under  the  conditions 
referred to in Article 10(2); and 

shall  continue  to  take  all  necessary  steps  to  serve  the  document,  unless 
indicated  otherwise  by  the  transmitting  agency,  where  service  seems  to  be 
possible within a reasonable period of time. 

Article 8 

Refusal to accept a document 

The receiving agency shall inform the addressee, using the standard form in Annex II 
that he or she may refuse to accept the document to be served at the time of service 
or  by  sending  the  document  to  the  receiving  agency  within  one  week  if  it  is  not 
written in, or accompanied by a translation into, either of the following languages: 

(a) 

a language which the addressee understands;  

(b) 

the  official  language  of  the  Member  State  addressed  or,  if  there  are  several 
official  languages  in  that  Member  State,  the  official  language  or  one  of  the 
official languages of the place where service is to be effected. 

Where  the  receiving  agency  is  informed  that  the  addressee  refuses  to  accept  the 
document  in  accordance  with  paragraph  1,  it  shall  immediately  inform  the 
transmitting agency by means of the certificate provided for in Article 10 and return 
the request and the documents of which a translation is requested. 

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3. 

4. 

5. 

1. 

2. 

3. 

1. 

2. 

If  the  addressee  has  refused  to  accept  the  document  under  the  conditions  of 
paragraph 1, the service of the document can be remedied through the service on the 
addressee  in  accordance  with  the  provisions  of  this  Regulation  of  the  document 
accompanied  by  a  translation  into  a  language  provided  for  in  paragraph  1.  In  that 
case,  the  date  of  service  of  the  document  shall  be  the  date  on  which  the  document 
accompanied by the translation is served in accordance with the law of the Member 
State  addressed.  However,  where  according  to  the  law  of  a  Member  State,  a 
document shall be served within a particular period, the date to be taken into account 
with respect to the applicant shall be the date of the service of the initial document 
determined pursuant to Article 9 (2). 

Paragraphs  (1)  to  (3)  of  this  Article  shall  apply  to  the  means  of  transmission  and 
service of judicial documents under Articles 12 to 15. 

For the purposes of paragraph (1) of this Article, the diplomatic or consular agents, 
where service is effected in accordance with Article 13, or the authority or competent 
person,  where  service  is  effected  in  accordance  with  Article  14,  shall  inform  the 
addressee that he or she may refuse to accept the document and that any document 
refused must be sent to those entities or to that authority or person respectively. 

Article 9 

Date of service 

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

However, where according to the law of a Member State a document shall be served 
within  a  particular  period,  the  date  to  be  taken  into  account  with  respect  to  the 
applicant shall be that fixed by the law of that Member State. 

Paragraphs  (1)  and  (2)  of  this  Article  shall  apply  to  the  means  of  transmission  and 
service of judicial documents under Articles 12 to 15. 

Article 10 

Certificate of service and copy of the document served 

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

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

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Article 11 

Costs of service 

1. 

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

2. 

However, the applicant shall pay or reimburse the costs occasioned by: 

(a) 

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

(b) 

the use of a particular method of service. 

Costs occasioned by the employment of a judicial officer or of a person competent under the 
law of the Member State addressed shall correspond to a single fixed fee laid down by that 
Member  State  in  advance,  which  respects  the  principles  of  proportionality  and  non-
discrimination. Member States shall communicate such fixed fees to the Commission. 

Article 12 

Transmission by consular or diplomatic channels 

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

Article 13 

Service by diplomatic or consular agents 

1. 

2. 

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

Any  Member State  may make  it  known,  in accordance with Article 23(1), that it is 
opposed to such service within its territory, unless the documents are to be served on 
nationals of the Member State in which the documents originate. 

Article 14 

Service by postal services 

Each  Member  State  shall  be  free  to  effect  service  of  judicial  documents  directly  by  postal 
services 
letter  with 
to  persons  residing 
acknowledgement of receipt or equivalent. 

in  another  Member  State  by  registered 

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Article 15 

Direct service 

Any  person  interested  in  a  judicial  proceeding  may  affect  service  of  judicial  documents 
directly through the judicial officers, officials or other competent persons of the Member State 
addressed, where such direct service is permitted under the law of that Member State. 

CHAPTER III 

EXTRAJUDICIAL DOCUMENTS 

Article 16 

Transmission 

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

CHAPTER IV 

FINAL PROVISIONS 

Article 17 

Implementing rules 

The measures necessary for the implementation of this Regulation relating to the updating or 
making technical amendments to the standard forms set out in Annex I and II shall be adopted 
in accordance with the regulatory procedure with scrutiny referred to in Article 18(2). 

Article 18 

Committee 

1. 

2. 

3. 

1. 

The Commission shall be assisted by a committee. 

Where  reference  is  made  to  this  paragraph,  Articles 5a(1  to  4)  and  7  of  Decision 
1999/468/EC shall apply, in compliance with Article 8 thereof. 

The Committee shall adopt its rules of procedure. 

Article 19 

Defendant not entering an appearance 

Where  a  writ  of  summons  or  an  equivalent  document  has  had  to  be  transmitted  to 
another  Member  State  for  the  purpose  of  service,  under  the  provisions  of  this 

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Regulation, and the defendant has not appeared, judgment shall not be given until it 
is established that: 

(a) 

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

(b) 

the  document  was  actually  served  to  the  defendant  or  to  his  residence  by 
another method provided for by this Regulation;  

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

2. 

Each Member State shall be free to make it known, in accordance with Article 23(1), 
that  the  judge,  notwithstanding  the  provisions  of  paragraph  1,  may  give  judgment 
even if no certificate of service has been received, if all the following conditions are 
fulfilled: 

3. 

4. 

(a) 

(b) 

(c) 

the  document  was  transmitted  by  one  of  the  methods  provided  for  in  this 
Regulation; 

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

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

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

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

(a) 

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

(b) 

the defendant has disclosed a prima facie defence to the action on the merits. 

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

Each  Member  State  may  make  it  known,  in  accordance  with  Article 23(1),  that  such 
application will not be entertained if it is filed after the expiration of a time to be stated by it 
in that communication, but which shall in no case be less than one year following the date of 
the judgment. 

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5. 

Paragraph 4 shall not apply to judgments concerning status or capacity of persons. 

Article 20 

Relationship with agreements or arrangements to which Member States are parties 

1. 

2. 

This  Regulation  shall,  in  relation  to  matters  to  which  it  applies,  prevail  over  other 
provisions  contained  in  bilateral  or  multilateral  agreements  or  arrangements 
concluded by the Member States, and in particular Article IV of the Protocol to the 
Brussels Convention of 1968 and the Hague Convention of 15 November 1965. 

This  Regulation  shall  not  preclude  individual  Member  States  from  maintaining  or 
concluding  agreements  or  arrangements  to  expedite  further  or  simplify  the 
transmission of documents, provided that they are compatible with this Regulation. 

3. 

Member States shall send to the Commission: 

(a) 

a copy of the agreements or arrangements referred to in paragraph 2 concluded 
between  the  Member  States  as  well  as  drafts  of  such  agreements  or 
arrangements which they intend to adopt; and 

(b) 

any denunciation of, or amendments to, these agreements or arrangements. 

Article 21 

Legal aid 

This  Regulation  shall  not  affect  the  application  of  Article  23  of  the  Convention  on  civil 
procedure of 17 July 1905, Article 24 of the Convention on civil procedure of 1 March 1954 
or Article 13 of the Convention on international access to justice of 25 October 1980 between 
the Member States parties to these Conventions. 

Article 22 

Protection of information transmitted 

1. 

2. 

3. 

4. 

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

Receiving  agencies  shall  ensure  the  confidentiality  of  such  information,  in 
accordance with their national law. 

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

This Regulation shall be without prejudice to Directives 95/46/EC and 97/66/EC. 

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Article 23 

Communication and publication 

1. 

2. 

3. 

Member States shall communicate to the Commission the information referred to in 
Articles  2,  3,  4,  10,  11,  13,  15  and  20.  Member  States  shall  communicate  to  the 
Commission if, according to their law, a document shall be served within a particular 
period as referred to in Articles 8 (3) and 9 (2). 

The  Commission  shall  publish  the  information  communicated  in  accordance  with 
paragraph 1 in the Official Journal of the European Union with the exception of the 
addresses and other contact details of the agencies and of the central bodies and the 
geographical areas in which they have jurisdiction. 

The  Commission  shall  draw  up  and  update  regularly  a  manual  containing  the 
information  referred  to  in  paragraph  1,  which  shall  be  available  electronically,  in 
particular  via  the  European  Judicial  Network  in  civil  and  commercial  matters 
established in accordance with decision 2001/470/EC. 

Article 24 

Review 

No later than 1 June 2011, and every five years thereafter, the Commission shall present to the 
European  Parliament,  the  Council  and  the  Economic  and  Social  Committee  a  report  on  the 
application  of  this  Regulation,  paying  special  attention  to  the  effectiveness  of  the  bodies 
designated pursuant to Article 2 and to the practical application of point (c) of Article 3 and 
Article  9.  The  report  shall  be  accompanied  if  need  be  by  proposals  for  adaptations  of  this 
Regulation in line with the evolution of notification systems. 

Article 25 

Repeal 

1. 

2. 

Regulation  (EC)  No  1348/2000  is  repealed  as  from  the  date  of  application  of  this 
Regulation. 

Any reference to Regulation (EC) No 1348/2000 shall be construed as a reference to 
this Regulation according to the comparative table in Annex III. 

Article 26 

Entry into force 

This  Regulation  shall  enter  into  force  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It shall apply from 1 January 2008 with the exception of Article 23 which shall apply from 1 
October 2007. 

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

REQUEST FOR SERVICE OF DOCUMENTS 

(Article 4(3) of Regulation (EC) No …of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters (1)) 

Reference No: …. 

1. TRANSMITTING AGENCY 

1.1. Identity: 

1.2. Address: 

1.2.1. Street and number/PO box: 

1.2.2. Place and code: 

1.2.3. Country: 

1.3. Tel: 

1.4. Fax (*): 

_________ 

(1) OJ L … 

(*) This item is optional. 

1.5. E-mail (*) 

2. RECEIVING AGENCY 

2.1. Identity: 

2.2. Address: 

2.2.1. Street and number/PO box: 

2.2.2. Place and code: 

2.2.3. Country: 

2.3. Tel: 

2.4. Fax (*): 

2.5. E-mail (*): 

3. APPLICANT 

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3.1. Identity: 

3.2. Address: 

_________ 

(*) This item is optional. 

3.2.1. Street and number/PO box: 

3.2.2. Place and code: 

3.2.3. Country: 

3.3. Tel (*): 

3.4. Fax (*): 

3.5. E-mail (*): 

4. ADDRESSEE 

4.1. Identity: 

4.2. Address: 

4.2.1. Street and number/PO box: 

4.2.2. Place and code: 

4.2.3. Country: 

_________ 

(*) This item is optional. 

4.3. Tel (*): 

4.4. Fax (*): 

4.5. E-mail (*): 

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

5. METHOD OF SERVICE 

5.1. In accordance with the law of the Member State addressed 

5.2. By the following particular method: 

5.2.1.  If  this  method  is  incompatible  with  the  law  of  the  Member  State  addressed,  the 
document(s) should be served in accordance with the law of the Member State addressed: 

5.2.1.1. yes 

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5.2.1.2. no 

6. DOCUMENT TO BE SERVED 

6.1. Nature of the document 

6.1.1. judicial 

_________ 

(*) This item is optional. 

6.1.1.1. writ of summons 

6.1.1.2. judgment 

6.1.1.3. appeal 

6.1.1.4. other 

6.1.2. extrajudicial 

6.2. Date or time limit after which the service is no longer required (*): 

………….(day) ………….(month)………….(year) 

6.3. Language of document: 

6.3.1. original ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, 
FI, SV, others: 

6.3.2. translation (*) ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, 
SK, SL, FI, SV, others: 

6.4. Number of enclosures: 

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

_________ 

(*) This item is optional. 

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

7.2. No 

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

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

Done at: 

Date: 

Signature and/or stamp: 

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Reference No of the transmitting agency: 

Reference No of the receiving agency: 

ACKNOWLEDGEMENT OF RECEIPT 

(Article 6(1) of Regulation (EC) No …of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters) 

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

8. DATE OF RECEIPT: 

Done at: 

Date: 

Signature and/or stamp: 

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Reference No of the transmitting agency: 

Reference No of the receiving agency: 

NOTICE OF RETURN OF REQUEST AND DOCUMENT 

(Article 6(3) of Regulation (EC) No … of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters) 

The request and document must be returned on receipt. 

9. REASON FOR RETURN: 

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

9.1.1. the document is not civil or commercial 

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

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

9.2.1. the document is not easily legible 

9.2.2. the language used to complete the form is incorrect 

9.2.3. the document received is not a true and faithful copy 

9.2.4. other (please give details): 

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

Done at: 

Date: 

Signature and/or stamp: 

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Reference No of the transmitting agency: 

Reference No of the receiving agency: 

NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE 
APPROPRIATE RECEIVING AGENCY 

(Article 6(4) of Regulation (EC) No … of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters) 

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

10.1. Identity: 

10.2. Address: 

10.2.1. Street and number/PO box: 

10.2.2. Place and code: 

10.2.3. Country: 

10.3. Tel: 

10.4. Fax (*): 

_________ 

(*) This item is optional. 

10.5. E-mail (*): 

Done at: 

Date: 

Signature and/or stamp: 

_________ 

(*) This item is optional. 

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Reference No of the transmitting agency: 

Reference No of the appropriate receiving agency: 

NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING 
TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY 

(Article 6(4) of Regulation (EC) No … of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters) 

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

11. DATE OF RECEIPT: 

Done at: 

Date: 

Signature and/or stamp: 

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Reference No of the transmitting agency: 

Reference No of the receiving agency: 

CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS 

(Article 10 of Regulation (EC) No … of the European Parliament and of the Council on 
the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters)  

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

12. COMPLETION OF SERVICE 

(a) 12.1. Date and address of service: 

(b) 12.2. The document was 

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

12.2.1.1. handed to 

12.2.1.1.1. the addressee in person 

12.2.1.1.2. another person 

12.2.1.1.2.1. Name: 

12.2.1.1.2.2. Address: 

12.2.1.1.2.2.1. Street and number/PO box: 

12.2.1.1.2.2.2. Place and code: 

12.2.1.1.2.2.3. Country: 

12.2.1.1.2.3. Relation to the addressee: 

family employee others 

12.2.1.1.3. the addressee’s address 

12.2.1.2. served by post 

12.2.1.2.1. without acknowledgement of receipt 

12.2.1.2.2. with the enclosed acknowledgement of receipt 

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12.2.1.2.2.1. from the addressee 

12.2.1.2.2.2. another person 

12.2.1.2.2.2.1. Name: 

12.2.1.2.2.2.2. Address 

12.2.1.2.2.2.2.1. Street and number/PO box: 

12.2.1.2.2.2.2.2. Place and code: 

12.2.1.2.2.2.2.3. Country: 

12.2.1.2.2.2.3. Relation to the addressee: 

family employee others 

12.2.1.3. other method (please say how): 

(B) 12.2.2. served by the following particular method (please say how): 

(c) 12.3. The addressee of the document was informed in writing that he or she may refuse to 
accept  the  document  if  it  is  not  written  in  or  accompanied  by  a  translation  into  either  a 
language which he or she understands or the official language of the place of service.  

13. INFORMATION IN ACCORDANCE WITH ARTICLE 7(2) 

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

14. REFUSAL OF DOCUMENT 

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

15. REASON FOR NON-SERVICE OF DOCUMENT 

15.1. Address unknown 

15.2. Addressee cannot be located 

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

15.4. Others (please specify): 

The documents are annexed to this certificate. 

Done at: 

Date: 

Signature and/or stamp: 

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ANNEX II 

INFORMATION OF THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT 
A DOCUMENT 

(Article 8(1) of Regulation (EC) No … of the European Parliament and of the Council 
on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters) 

ES: … 

CS: … 

DA: … 

DE:  

ET: … 

EL: … 

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EN: 
The enclosed document is served in accordance with Regulation (EC) No … of the European 
Parliament  and  of  the  Council  on  the  service  in  the  Member  States  of  judicial  and 
extrajudicial documents in civil or commercial matters. 

You may refuse to accept the document if it is not written in or accompanied by a translation 
into either a language which you understand or the official language of the place of service.  

If  you  wish  to  exercise  this  right,  you  must  refuse  to  accept  the  document  at  the  time  of 
service directly with the person serving the document or send it back to the address indicated 
below within one week stating that you refuse to accept it.  

ADDRESS:  

1. Identity: 

2. Address: 

2.1. Street and number/PO Box: 

2.2. Place and code: 

2.3. Country:  

3. Tel.: 

4. Fax (*): 

5. E-mail(*): 

________ 

(*) This item is optional. 

DECLARATION OF THE ADDRESSEE: 

I refuse to accept the document attached hereto because it is not written in or accompanied by 
a translation into either a language which I understand or the official language of the place of 
service. 

I understand the following language(s): 

Spanish 

Czech 

Danish 

German 

Estonian 

Greek 

⁪ 

⁪ 

⁪ 

⁪ 

⁪ 

⁪ 

Latvian 

Lithuanian 

Hungarian 

Maltese 

Dutch 

Polish 

⁪ 

⁪ 

⁪ 

⁪ 

⁪ 

⁪ 

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English 

French 

Italian 

Finnish 

⁪ 

⁪ 

⁪ 

⁪ 

Portuguese 

Slovak 

Slovene 

Swedish 

⁪ 

⁪ 

⁪ 

⁪ 

Other 

⁪ please specify:………………………………………………… 

Done at: 

Date: 

Signature and/or stamp: 

FR: … 

IT: … 

LV: … 

LT: … 

HU: … 

MT: … 

NL: … 

PL: … 

PT: … 

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SK: … 

SL: … 

FI: … 

SV: … 

________________________ 

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ANNEX III 
COMPARATIVE TABLE WITH REGULATION (EC) No 1348/2000 

Articles repealed 

Corresponding Articles of new text 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

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Annex 

Annex I 

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