Article 1 Scope
1. This Regulation applies to the cross-border service of judicial and extrajudicial documents in civil or commercial matters. It does not apply, in particular, to revenue, customs or administrative matters or to the liability of a Member State for actions or omissions in the exercise of state authority ( acta iure imperii ). 2. With the exception of Article 7, this Regulation does not apply where the address of the person to be served with a document is not known. 3. This Regulation does not apply to the service of a document in the forum Member State on a representative authorised by the person to be served, regardless of the place of residence of that person.
Article 2 Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘forum Member State’ means the Member State in which the judicial proceedings take place; (2) ‘decentralised IT system’ means a network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.
Article 3 Transmitting and receiving agencies
1. Each Member State shall designate the public officers, authorities or other persons competent for the transmission of judicial or extrajudicial documents to be served in another Member State (‘transmitting agencies’). 2. Each Member State shall designate the public officers, authorities or other persons competent for the receipt of judicial or extrajudicial documents from another Member State (‘receiving agencies’). 3. Member States may designate separate transmitting agencies and receiving agencies or designate one or more agencies to perform both functions. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than one such agency. The designation shall have effect for a period of five years and may be renewed for further five-year periods. 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 those receiving agencies have jurisdiction; (c) the means by which those receiving agencies are able to receive documents where Article 5(4) applies; and (d) the languages that may be used for the completion of the forms set out in Annex I. Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.
Article 4 Central body
Each Member State shall designate a central body that is responsible for: (a) supplying information to the transmitting agencies; (b) seeking solutions to any difficulties which may arise during the transmission of documents for service; (c) forwarding, in exceptional cases, a request for service to the competent receiving agency at the request of a transmitting agency. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than one central body.
Article 5 Means of communication to be used by transmitting agencies, receiving agencies and central bodies
1. Documents to be served, requests, confirmations, receipts, certificates and communications carried out on the basis of the forms in Annex I between transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of different Member States, shall be transmitted through a secure and reliable decentralised IT system. That decentralised IT system shall be based on an interoperable solution such as e-CODEX. 2. The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the documents to be served, requests, confirmations, receipts, certificates and communications transmitted through the decentralised IT system. 3. Where the documents to be served, requests, confirmations, receipts, certificates and other communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead. 4. Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability and security.
Article 6 Legal effects of electronic documents
Documents that are transmitted through the decentralised IT system shall not be denied legal effect or considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form.
Article 7 Assistance in address enquiries
1. Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, that Member State shall provide assistance in determining the address in, at least, one of the following ways: (a) providing for designated authorities to which transmitting agencies may address requests on the determination of the address of the person to be served; (b) allowing persons from other Member States to submit requests, including electronically, for information about addresses of persons to be served directly to domicile registries or other publicly accessible databases by means of a standard form available on the European e-Justice Portal; or (c) providing detailed information, through the European e-Justice Portal, on how to find the addresses of persons to be served. 2. Each Member State shall provide the Commission with the following information with a view to making it available through the European e-Justice Portal: (a) the means of assistance which the Member State will provide in its territory pursuant to paragraph 1; (b) where applicable, the names and contact details of the authorities referred to in points (a) and (b) of paragraph 1; (c) whether the authorities of the Member State addressed submit, on their own initiative, requests to domicile registries or other databases for information about addresses in cases where the address indicated in the request for service is not correct. Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.
Article 8 Transmission of documents
1. Judicial documents shall be transmitted directly and as quickly as possible between the transmitting and receiving agencies. 2. The document to be transmitted shall be accompanied by a request drawn up using form A 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, in 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 will accept. Each Member State shall communicate to the Commission any official language of the Union other than its own in which the form may be completed. 3. Documents that are transmitted under this Regulation shall be exempt from requirements of legalisation or any equivalent formality. 4. Where the transmitting agency requests that a copy of the document sent in paper format in accordance with Article 5(4) be returned together with the certificate referred to in Article 14, it shall send that document in duplicate.
Article 9 Translation of documents
1. The transmitting agency to which the applicant has forwarded the document for transmission shall advise the applicant that the addressee may refuse to accept the document if it is not in one of the languages provided for in Article 12(1). 2. The applicant shall bear any costs of translation prior to the transmission of the document, without prejudice to any possible subsequent decisions by the court or competent authority on liability for such costs.
Article 10 Receipt of documents by receiving agency
1. Upon receipt of a document, the receiving agency shall automatically send to the transmitting agency an acknowledgement of receipt as soon as possible through the decentralised IT system or, where the acknowledgement is sent by other means, as soon as possible and in any event within seven days of receipt, using form D in Annex I. 2. 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 without undue delay in order to obtain the missing information or documents, using form E in Annex I. 3. Where the request for service is manifestly outside the scope of this Regulation or where non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned to the transmitting agency upon receipt, without undue delay, together with a notice of return, using form F in Annex I. 4. Where a receiving agency receives a document for service which it does not have territorial jurisdiction to serve, it shall forward that document without undue delay, together with the request, to the receiving agency that has territorial jurisdiction in the Member State addressed, if the request complies with the conditions laid down in Article 8(2). The receiving agency shall inform the transmitting agency accordingly at the same time, using form G in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the Member State addressed, that receiving agency shall send an acknowledgement of receipt to the transmitting agency as soon as possible and in any event within seven days of receipt, using form H in Annex I.
Article 11 Service of documents
1. 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 method requested by the transmitting agency, unless that method is incompatible with the law of that Member State. 2. 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 its receipt. If it has not been possible to effect the service within one month of receipt of the document, the receiving agency shall: (a) immediately inform the transmitting agency by means of form K in Annex I or, if the transmitting agency has requested information by means of form I in Annex I, by means of form J in Annex I; and (b) continue to take all necessary steps to effect the service of the document where service seems to be possible within a reasonable period of time, unless the transmitting agency indicates that service is no longer necessary.
Article 12 Refusal to accept a document
1. The addressee may refuse to accept the document to be served if the document is not written in, or is not accompanied by a translation into, either: (a) a language which the addressee understands; or (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. 2. The receiving agency shall inform the addressee of the right provided for in paragraph 1 where the document is not written in, or is not accompanied by a translation into, a language referred to in point (b) of that paragraph, by enclosing with the document to be served form L in Annex I, which shall be provided in: (a) the official language or one of the official languages of the Member State of origin; and (b) a language referred to in point (b) of paragraph 1. If there is an indication that the addressee understands an official language of another Member State, form L in Annex I shall also be provided in that language. Where a Member State translates form L in Annex I into a language of a third country, it shall communicate that translation to the Commission with a view to making it available on the European e-Justice Portal. 3. The addressee may refuse to accept the document either at the time of service or within two weeks of the time of service by making a written declaration of refusal of acceptance. For that purpose, the addressee may either return to the receiving agency form L in Annex I or a written declaration stating that the addressee refuses to accept the document because of the language in which it was served. 4. Where the receiving agency is informed that the addressee refuses to accept the document pursuant to paragraphs 1, 2 and 3, it shall immediately inform the transmitting agency by means of the certificate of service or non-service, using form K in Annex I, and return the request and, where available, each document of which a translation is requested. 5. The service of the refused document may be remedied through the service on the addressee, in accordance with this Regulation, of that document together with a translation into a language provided for in paragraph 1. In such a case, the date of service of the document shall be the date on which the document and its translation were served in accordance with the law of the Member State addressed. However, where the law of a Member State requires a document to 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 in accordance with Article 13(2). 6. Paragraphs 1 to 5 apply also to the other means of transmission and service of judicial documents provided for in Section 2. 7. For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers in cases where service is effected in accordance with Article 17, and the authority or person in cases where service is effected in accordance with Article 18, 19 or 20 shall inform the addressee that the addressee may refuse to accept the document and that either form L in Annex I or a written declaration of refusal must be sent to those agents or officers or to that authority or person respectively.
Article 13 Date of service
1. Without prejudice to Article 12(5), the date of service effected pursuant to Article 11 shall be the date on which the document was served in accordance with the law of the Member State addressed. 2. However, where the law of a Member State requires a document be served within a particular period, the date to be taken into account with respect to the applicant shall be that determined by the law of that Member State. 3. This Article also applies to the other means of transmission and service of judicial documents provided for in Section 2.
Article 14 Certificate of service and copy of the document served
1. Upon completion of the formalities concerning the service of the document in question, the receiving agency shall draw up a certificate of completion of those formalities using form K in Annex I and send it to the transmitting agency, together with, where Article 8(4) applies, a copy of the document served. 2. The certificate referred to in paragraph 1 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 will accept. Each Member State shall indicate any official language of the Union other than its own in which form K in Annex I may be completed.
Article 15 Costs of service
1. The service of judicial documents originating in a Member State shall not give rise to any obligation for the payment or reimbursement of taxes or costs for services rendered by the Member State addressed. 2. By way of derogation from paragraph 1, the applicant shall pay or reimburse the costs of: (a) recourse to a judicial officer or to a person competent under the law of the Member State addressed; (b) the use of a particular method of service. Member States shall lay down a single fixed fee for recourse to a judicial officer or to a person competent under the law of the Member State addressed. That fee shall be in accordance with the principles of proportionality and non-discrimination. Member States shall communicate such fixed fees to the Commission.
Article 16 Transmission by diplomatic or consular channels
In exceptional circumstances, each Member State may use diplomatic or consular channels to transmit judicial documents for the purpose of service to the receiving agencies or central bodies of another Member State.
Article 17 Service by diplomatic agents or consular officers
1. Each Member State may effect service of judicial documents on persons residing in another Member State, without the use of coercive measures, directly through its diplomatic agents or consular officers. 2. A Member State may communicate to the Commission that it is opposed to service of judicial documents, as referred to in paragraph 1, within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate.
Article 18 Service by postal services
The service of judicial documents may be effected directly by postal services on persons present in another Member State by registered letter with acknowledgement of receipt or equivalent.
Article 19 Electronic service
1. The service of judicial documents may be effected directly on a person who has a known address for service in another Member State by any electronic means of service available under the law of the forum Member State for the domestic service of documents, provided that: (a) the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 and the addressee gave prior express consent to the use of electronic means for serving documents in the course of legal proceedings; or (b) the addressee gave prior express consent to the court or authority seised of the proceedings or to the party responsible for service of documents in such proceedings to the use of email sent to a specified email address for the purpose of serving documents in the course of those proceedings and the addressee confirms receipt of the document with an acknowledgement of receipt, including the date of receipt. 2. In order to guarantee the security of transmission, any Member State may specify and communicate to the Commission the additional conditions under which it will accept electronic service referred to in point (b) of paragraph 1, where its law sets stricter conditions in that respect or does not allow electronic service by email.
Article 20 Direct service
1. Any person with an interest in particular judicial proceedings may effect the service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State in which the service is sought, provided that such direct service is permitted under the law of that Member State. 2. A Member State that allows direct service shall provide the Commission with information regarding which professions or competent persons are permitted to effect the direct service of documents in their territory. The Commission shall make that information available through the European e-Justice Portal.
Article 21 Transmission and service of extrajudicial documents
Extrajudicial documents may be transmitted to and served in another Member State in accordance with this Regulation.
Article 22 Defendant not entering an appearance
1. Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service under this Regulation and the defendant has not entered an appearance, judgment shall not be given until it is established that the service or the delivery of the document was effected in sufficient time to enable the defendant to enter a defence and that: (a) the document was served by a method prescribed by the 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 in fact delivered to the defendant or to the defendant’s residence by another method provided for by this Regulation. 2. Each Member State may communicate to the Commission the fact that a court, notwithstanding paragraph 1, may give judgment even if no certificate of service or delivery of the document instituting proceedings or its equivalent has been received, provided that all the following conditions are fulfilled: (a) the document was transmitted by one of the methods provided for in this Regulation; (b) a period considered adequate by the court in the particular case, which shall not be less than six months, has elapsed since the date of the transmission of the document; (c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain one through the competent authorities or bodies of the Member State addressed. That information shall be made available through the European e-Justice Portal. 3. Notwithstanding paragraphs 1 and 2, in justified cases of urgency courts may order any provisional or protective measures. 4. Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service in accordance with this Regulation and a judgment has been given against a defendant who has not entered an appearance, the judge shall have the power to relieve the defendant from the effects of the expiry of the time for appeal from the judgment where both of the following conditions are fulfilled: (a) the defendant, without any fault on the defendant’s part, did not have knowledge of the document in sufficient time to enter a defence or did not have knowledge of the judgment in sufficient time to appeal; and (b) the defendant has raised a prima facie defence to the action on the merits. An application for such relief may be filed only within a reasonable time after the defendant has knowledge of the judgment. Each Member State may communicate to the Commission the fact that an application for relief will not be admissible if it is filed after the expiry of a deadline set by the Member State in that communication. That deadline shall in no case be sooner than one year following the date of the judgment. That information shall be made available through the European e-Justice Portal. 5. Paragraph 4 shall not apply to judgments concerning the status or capacity of persons.
Article 23 Amendment of Annex I
The Commission is empowered to adopt delegated acts in accordance with Article 24 to amend Annex I in order to update the forms set out therein or to make technical changes to those forms.
Article 24 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 23 shall be conferred on the Commission for a period of five years from 22 December 2020. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 25 Adoption of implementing acts by the Commission
1. The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following: (a) the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system; (b) the technical specifications for communication protocols; (c) the information security objectives and relevant technical measures ensuring minimum information security standards for the processing and communication of information within the decentralised IT system; (d) the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system; (e) the establishment of a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation. 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted by 23 March 2022 in accordance with the examination procedure referred to in Article 26(2).
Article 26 Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 27 Reference implementation software
1. The Commission shall be responsible for the creation, maintenance and future development of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, maintenance and future development of the reference implementation software shall be financed from the general budget of the Union. 2. The Commission shall provide, maintain and support on a free-of-charge basis implementation of the software components underlying the access points.
Article 28 Costs of the decentralised IT system
1. Each Member State shall bear the costs of the installation, operation and maintenance of its access points interconnecting the national IT systems in the context of the decentralised IT system. 2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points and shall bear the costs of administering, operating and maintaining those systems. 3. Paragraphs 1 and 2 shall be without prejudice to the possibility of Member States to apply for grants to support the activities referred to in those paragraphs under the Union’s financial programmes.
Article 29 Relationship with agreements or arrangements between Member States
1. This Regulation shall prevail in relation to matters to which it applies over other provisions contained in bilateral or multilateral agreements or arrangements concluded by Member States, and in particular the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in relations between the Member States party thereto. 2. This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements to expedite or further simplify the transmission of documents, provided that those agreements or arrangements are compatible with this Regulation. 3. Member States shall send to the Commission: (a) a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and (b) any denunciation of, or amendments to, those agreements or arrangements.
Article 30 Legal aid
This Regulation shall not affect the application of Article 24 of the Hague Convention of 1 March 1954 on Civil Procedure or Article 13 of the Convention on International Access to Justice of 25 October 1980 between the Member States party to those Conventions.
Article 31 Protection of information transmitted
1. Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679. Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725. Personal data which are not relevant for the handling of a specific case shall be deleted immediately. 2. The competent authority or authorities under national law shall be regarded as controllers within the meaning of Regulation (EU) 2016/679 with respect to personal data processing under this Regulation. 3. Notwithstanding paragraphs 1 and 2, information transmitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted. 4. Receiving agencies shall ensure that such information remains confidential, in accordance with their national law. 5. Paragraphs 3 and 4 shall be without prejudice to national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation. 6. This Regulation shall be without prejudice to Directive 2002/58/EC.
Article 32 Respect for fundamental rights under Union law
The fundamental rights and freedoms of all persons involved shall be fully observed and respected in accordance with Union law, in particular the rights to equal access to justice, to non-discrimination and to the protection of personal data and privacy.
Article 33 Communication, publication and manual
1. Member States shall communicate to the Commission the information referred to in Articles 3, 7, 12, 14, 17, 19, 20 and 22. Member States shall communicate to the Commission if their national law requires a document to be served within a particular period as referred to in Articles 12(5) and 13(2). 2. Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal. 3. 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. 4. The Commission shall draw up and regularly update a manual containing the information referred to in paragraph 1. It shall make the manual available electronically, in particular through the European Judicial Network in Civil and Commercial Matters and on the European e-Justice Portal.
Article 34 Monitoring
1. By 2 July 2023, the Commission shall establish a detailed programme for monitoring the outputs, results and impact of this Regulation. 2. The monitoring programme shall specify the action to be taken by the Commission and by the Member States to monitor the outputs, results and impact of this Regulation. It shall set out when the data referred to in paragraph 3 are to be collected for the first time, which shall be at the latest 2 July 2026, and at what further intervals those data are to be collected. 3. Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available: (a) the number of requests for the service of documents transmitted in accordance with Article 8; (b) the number of requests for the service of documents executed in accordance with Article 11; (c) the number of cases in which the request for the service of documents was transmitted by means other than through the decentralised IT system in accordance with Article 5(4); (d) the number of received certificates of non-service of documents; (e) the number of refusals of documents for language reasons received by the transmitting agencies. 4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in points (a), (b) and (d) of paragraph 3 and transmit them to the Commission on a regular basis.
Article 35 Evaluation
1. No later than five years after the date of application of Article 5 in accordance with Article 37(2), the Commission shall carry out an evaluation of this Regulation and present a report on its main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal. 2. Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.
Article 36 Repeal
1. Regulation (EC) No 1393/2007 shall be repealed as from the date of application of this Regulation, with the exception of Articles 4 and 6 of Regulation (EC) No 1393/2007, which shall be repealed as from the date of application of Articles 5, 8 and 10 referred to in Article 37(2) of this Regulation. 2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 37 Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . It shall apply from 1 July 2022. 2. Articles 5, 8 and 10 shall apply from the first day of the month following the period of three years after the date of entry into force of the implementing acts referred to in Article 25.