Document ID: chunk:federal_register_of_legislation:F2004C00692:body:0:p9
Version: federal_register_of_legislation:F2004C00692
Segment Type: other
Provision Reference: 
Character Range: 20729–23749

invoked as an obstacle to render assistance in accordance with Article 13, paragraph 1.a.

Article 19
Postponement

The requested Party may postpone action on a request if such action would prejudice investigations or proceedings by its authorities.

Article 20
Partial or conditional granting of a request

Before refusing or postponing co-operation under this chapter, the requested Party shall, where appropriate after having consulted the requesting Party, consider whether the request may be granted partially or subject to such conditions as it deems necessary.

Section 6
Notification and protection of third parties' rights

Article 21
Notification of documents

1. The Parties shall afford each other the widest measure of mutual assistance in the serving of judicial documents to persons affected by provisional measures and confiscation.

2. Nothing in this article is intended to interfere with:

       a. the possibility of sending judicial documents, by postal channels, directly to persons abroad;

       b. the possibility for judicial officers, officials or other competent authorities of the Party of origin to effect service of judicial documents directly through the consular authorities of that Party or through judicial officers, officials or other competent authorities of the Party of destination,

unless the Party of destination makes a declaration to the contrary to the Secretary General of the Council of Europe at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession.

3. When serving judicial documents to persons abroad affected by provisional measures or confiscation orders issued in the sending Party, this Party shall indicate what legal remedies are available under its law to such persons.

Article 22
Recognition of foreign decisions

1. When dealing with a request for co-operation under Sections 3 and 4, the requested Party shall recognise any judicial decision taken in the requesting Party regarding rights claimed by third parties.

2. Recognition may be refused if:

       a. third parties did not have adequate opportunity to assert their rights; or

       b. the decision is incompatible with a decision already taken in the requested Party on the same matter; or

       c. it is incompatible with the ordre public of the requested Party; or

       d. the decision was taken contrary to provisions on exclusive jurisdiction provided for by the law of the requested Party.

Section 7
Procedural and other general rules

Article 23
Central authority

1. The Parties shall designate a central authority or, if necessary, authorities, which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.

2. Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General