Toolkit on Service of Documents in the EU

Presentation of Regulation (EU) 2020/1784

Toolkit on Service of Documents in the EU: Presentation of Regulation (EU) 2020/1784

Source

e-Justice European Portal

European Judicial Atlas in Civil Matters

Regulation (EU) 1784/2020

Serving documents (recast)

Presentation

Regulation (EU) 2020/1784 of 25 November 2020 (hereinafter “the Regulation“) is a European Union (EU) instrument on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. This text, applicable from 1^st July 2022, replaced the two previous Community regulations on service of documents, Regulation (EC) 1348/2000 of 29 May 2000 and Regulation (EC) No 1393/2007 of 13 November 2007. Before the adoption of these texts, the service of documents between EU Member States was mainly governed by the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Service Convention). This convention continues to apply to relations with other States that are signatories to this text.

Service of documents among EU Member States is part of the construction of the European judicial area and aims to help the proper functioning of the internal market. The adoption of special rules for the service of documents among these Member States fulfils the goals to have quicker and more secure international service.

The Regulation does not apply “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)” (art. 1.1). Its application is also excluded “where the address of the person to be served with a document is not known” (art. 1.2). In this case, reference must be made to the applicable law of the sending State.

The Regulation applies to communications of documents in civil or commercial matters between the 27 EU Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

The main purpose of this instrument is to provide for the methods by which documents will be transmitted abroad either to the competent authorities of the receiving State or directly to the addressee.

The Regulation establishes a main mode of transmission (Art. 3, 3, 4, 5, 6 and 8) in Section 1 (Transmission and service of judicial documents) of its Chapter II (Judicial documents), structured around the intervention of three bodies: transmitting agencies, receiving agencies, and central bodies.

The only article (Art. 21) of Chapter III (Extrajudicial documents) provides that “Extrajudicial documents may be transmitted to and served in another Member State in accordance with this Regulation.”

The Regulation proposes five “Other means of transmission and service of judicial documents” in Section 2 of Chapter II:

• Transmission by diplomatic or consular channels (Art. 16)
• Service by diplomatic agents or consular officers (Art. 17)
• Service by postal services (Art. 18)
• Electronic service (Art. 19)
• Direct service (Art. 20)

The regulation also includes rules relating to the translation of documents (Art. 9 and 12), the date of service (Art. 13) and the costs of service (Art. 15). Forms are provided to accompany the document throughout the procedure.

This handbook is designed to facilitate the practical use of the Regulation by the professionals in charge of serving documents. It therefore focuses solely on these practical aspects.

Where to find the provisions?

On the “Serving documents (recast)” page of the European Judicial Atlas in Civil Matters created by the European Commission which allows citizens and practitioners to easily access practical information important for judicial cooperation in civil matters, available in the twenty-three official languages of the EU.

This page contains:

• General information regarding the Regulation
• Related links, including access to the Hague Convention of 15 November 1965
• Information regarding the 27 EU Member State
• A tool for completing the 12 forms provided for by the Regulation
• A tool for finding competent jurisdictions/authorities

Toolkit on Service of Documents in the EU: Agencies and bodies

Sources

Art. 3 and 4 of the Regulation

Presentation

The complexity of harmonising can be assessed considering the differences between the various bodies to intervene in the process. In the case of the Regulation, these differences were considered by the EU in establishing three separate organs each handling a specific role: the transmitting agency, the receiving agency, and the central body.

Each State has decided which are the different organs in its territory. To determine them, see the “Find information per region” section on the Serving documents (recast) page of the website of the European Judicial Atlas in Civil Matters.

Other languages

Information is available in the twenty-three official languages of the EU.

Transmitting agencies

According to Art. 3.1, the transmitting agencies are « the public officers, authorities or other persons competent for the transmission of judicial or extrajudicial documents to be served in another Member State”. They must check that the document to be transmitted falls within the scope of the Regulation. They must inform the applicant of the possibility for the addressee to refuse the document for lack of translation under the conditions of Art. 9.1. They must also use the following forms:

• Form A: Request for service of documents
• Form B: Request to determine the address of the person to be served
• Form I: Request for information on service or non-service of documents

Receiving agencies

The receiving agencies are the “public officers, authorities or other persons competent for the receipt of judicial or extrajudicial documents from another Member State” (Art. 3.2). The receiving agencies shall carry out or arrange for service of the document in accordance with the legislation of the receiving Member State.

They use the appropriate forms to communicate with the transmitting agency and the addressee of the document:

• Form D: Acknowledgment of receipt
• Form E: Request for additional information or documents for the service of documents
• Form F: Notice of return of request and document
• Form G: Notice of retransmission of request and document to the appropriate receiving agency
• Form H: Acknowledgment of receipt by the appropriate receiving agency having territorial jurisdiction to the transmitting agency
• Form J: Reply to request for information on service or non-service of documents
• Form K: Certificate of service or non-service of documents
• Form L: Information to the addressee about the right to refuse to accept a document

Central bodies

According to Art. 4, each Member State shall designate a central body. 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.

The central bodies are responsible for:

• Supplying information to the transmitting agencies
• Seeking solutions to any difficulties which may arise during the transmission of documents for service
• Forwarding, in exceptional cases, a request for service to the competent receiving agency at the request of a transmitting agency

Where to find agencies and bodies?

They can be located at the bottom of the Serving documents (recast) page of the European Judicial Atlas in Civil Matters (“Finding competent courts/authorities” by selecting the country and clicking on “Next”).

Toolkit on Service of Documents in the EU: Assistance in address enquiries

Sources

Art. 7 of the Regulation

Presentation

Art. 7 introduces the right to assistance in determining addresses, to overcome the situation in which the addressee’s address abroad is not known.

Each Member State shall provide assistance by at least one of three following ways (Art. 7.1):

• Providing for designated authorities to which transmitting agencies may address requests on the determination of the address of the person to be served
• 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 (Form B ) available on the European e-Justice Portal
• Or providing detailed information, through the European e-Justice Portal, on how to find the addresses of persons to be served

Each Member State must provide the Commission with information to be made available on the European e-Justice Portal (available on the Serving documents (recast) page), namely (Art. 7.2):

• The means of assistance which the Member State will provide in its territory pursuant to Art. 7.1
• Where applicable, the names and contact details of the authorities referred to in to in Art. 7.1, a) and b)
• 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

The transmitting agency sends its request using Form B (Request to determine the address of the person to be served). The response is provided using Form C (Reply to the request to determine the address of the person to be served).

Toolkit on Service of Documents in the EU: Forms

Sources

Art. 3, 5, 7, 8, 10, 11, 12, 14 and 23 of the Regulation

Presentation

In addition to the differences in legislations between States, the main obstacle to overcome is that of language. This is why12 forms common to all stakeholders were established. They are key communication tools of the Regulation between transmitting agencies, receiving agencies, central bodies, and sometimes with the addressees.

How to use the forms?

The forms are used by the authorities established by the Regulation.

When a form is sent to another State, there is no need to send it in the language of that other State. In return, the agency of that other State will send a form in its own language. Everyone can understand the content of the form using the numbering. To do this, it is imperative to use the numbered forms proposed by the Regulation. To simplify their use, the agency must download and/or fill in the forms directly from the website of the European Judicial Atlas in Civil Matters or copy them. It is also possible to automatically translate the forms into any other official EU language.

In accordance with Art. 8.2, the agency concerned must, however, complete the forms in the language accepted by the State of destination. To find out which languages are accepted by Member States for completing the forms, consult the section “Find information per region” on the Serving documents (recast) page of the website of the European Judicial Atlas in Civil Matters. In fact, the transmitting or receiving agencies practically never have to carry out any translation at the form level, since they must basically write names, addresses, dates (in numbers), and tick, underline, circle, highlight, put in bold, etc., the numbered sections or subsections.

It is advisable to only complete what is strictly necessary, and only when the sign “:” appears. For the rest, the transmitting or receiving agencies simply choose from the proposals made (tick, circle, highlight, put in bold, etc.). For example, for a document initiating proceedings, the numbered subsection 6.1.1.1 should be chosen without having to specify the type of document initiating proceedings.

What are the various forms?

There are twelve forms, numbered from A to L:

• Form A: Request for service of documents
• Form B: Request to determine the address of the person to be served
• Form C: Reply to the request to determine the address of the person to be served
• Form D: Acknowledgment of receipt
• Form E: Request for additional information or documents for the service of documents
• Form F: Notice of return of request and document
• Form G: Notice of retransmission of request and document to the appropriate receiving agency
• Form H: Acknowledgment of receipt by the appropriate receiving agency having territorial jurisdiction to the transmitting agency
• Form I: Request for information on service or non-service of documents
• Form J: Reply to request for information on service or non-service of documents
• Form K: Certificate of service or non-service of documents
• Form L: Information to the addressee about the right to refuse to accept a document

The transmitting agency completes Forms A, B and I.

The receiving agency completes Forms D, E, F, G, H, J, K, as well as sections I and II of Form L.

The authority responsible for responding to the transmitting agency on the address of the addressee of the document completes Form C.

The addressee completes the umbered section III of Form L.

Toolkit on Service of Documents in the EU: Translation of documents

Sources

Art. 8, 9 and 12 of the Regulation

Presentation

The Regulation is the first international instrument to provide a complete and original mechanism concerning the translation of the document to be served.

Does the document to be served have to be translated?

When a document is transmitted to be served abroad, does it have to be translated into an official language of that receiving State (or into another language)? The answer is: initially there is no obligation to translate the document to be served.

However, according to Art. 9 and 12, only the addressee may refuse to accept the document to be served if it is in a language other than one of the following:

• A language which the addressee understands
• Or 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

According to Art. 9.1, the transmitting entity must inform the applicant of the possibility of refusal by the addressee. If it does not do so, its liability is incurred.

What needs be translated?

When translation is required, the question arises whether to also translate the documents attached to the document to be served. A limited answer was given by the Court of Justice of the European Communities (ECJ, now the CJEU), since it concerned only documents initiating proceedings (ECJ, 8 May 2008, Weiss und Partners, C-14/07). According to the ECJ, the document initiating proceedings should clearly specify at least the object and the reasons of the claims, but also to summon to appear to court or, depending on the nature of the proceedings the possibility to bring an action to court.

The documents, used only as evidence and which are not essential for the understanding of the object and of the claim, should not considered as a part of the document initiating proceedings within the meaning of the Regulation. In any event, great caution should be exercised in this matter and the applicant advised to have any document translated which appears essential to the cohesion of the information provided to the addressee.

Who should translate the document?

Automatic translation tools should be banned. The use of free translation is strongly discouraged because a thorough knowledge of legal language is imperative. It is strongly recommended to use a certified translator for reasons of reliability and responsibility. Translation costs are paid by the applicant.

What happens when the document is refused for lack of translation?

The addressee is informed of the possibility of refusing the document for lack of translation,  using the form L which is provided (Art. 12.2):

• In the official language or one of the official languages of the Member State of origin
• And 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
• If there is an indication that the addressee understands an official language of another Member State, Form L shall also be provided in that language

If the addressee refuses the document due to lack of translation, the receiving agency will inform the transmitting agency using Form K (completed in the numbered section 3). The transmitting agency will then inform the applicant and ask him/her to have the document translated as soon as possible to allow for a new transmission to the receiving agency. The initial transmission document will still be valid with respect to the applicant, if they act within a reasonable time to have the document translated. Otherwise, the document remains unserved to the addressee. The Regulation adjusted the rules concerning the date to take this issue into account.

Toolkit on Service of Documents in the EU: Date of the document

Sources

Art. 12 and 13 of the Regulation

Presentation

The Regulation is the first international instrument to contain a provision on the date of service of the document. Except for the application of this regulation, this matter falls under domestic legislation.

National laws generally have the choice between two dates: the sending or the reception of the document. The first efficiently protects the applicant. The second protects the interests of the defendant. To strike a balance, the idea of a “double date” appeared. For the applicant the date to be considered is the date when the document is sent. For the addressee, the date to be considered is the date when he/she receives the document.

The Regulation proposes a rule adjusting the principle of the double date in Art.13. This principle may seem difficult to grasp. How to cope with the idea of having multiple dates for the service of one document? The difficulty for the European legislator was not to disrupt the main principles of the existing various Member States legal systems.

This is why Art. 13.1 laid down the general principle that the date of service is the date the document was served to the addressee under the laws of the Member State of service. The date depends on the content of its law and will not always be the date on which the addressee has received the document.

This principle is accompanied by an adjustment. Where documents are to be served within a particular period time, Art. 13.2 specifies that the date to be taken into account with respect to the applicant shall be that determined by the law of that Member State. This is the principle of the double date.

The Regulation also provides an adjustment of the date in the event of a refusal of the document for non-translation by the addressee. Article 12.5 states that “…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)”.

The ECJ (now the CJEU) had the opportunity to clarify that in the case of double service by means of two transmission methods (by post and through a receiving agency), it was necessary to take into account the service which reached the addressee first in order to apply Art. 13 of the Regulation (ECJ, 9 February 2006, Plumex v. Young Sports NV., C-473/04).

Toolkit on Service of Documents in the EU: Service of the document

Sources

Art. 3, 10, 11, 12, 14 and 15 of the Regulation

Presentation

The document is received by the receiving agency that shall itself serve the document or have it served.

Once the service is completed, the receiving agency shall inform the transmitting agency using Form K mentioned in Art. 14.

Receipt of the documents

The receiving agency must send Form D (Acknowledgment of receipt) to the transmitting agency as soon as possible and at the latest within seven days of receipt (Art. 10.1).

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 (Art. 10.2).

Where the request for service is manifestly outside the scope of the Regulation or where non-compliance with the formal conditions receiving 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 (Art. 10.3).

The receiving agency which does not have territorial jurisdiction to serve the document must:

• Inform the transmitting agency by sending them Form G (Art. 10.4)
• Send the document to a receiving agency that has territorial jurisdiction in the Member State addressed, which will send Form H to the transmitting agency (Art. 10.4)

Where appropriate, the receiving agency may request an advance payment to cover the costs of service (Art. 15).

Service of the document

The document shall be 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 (Art. 11.1), as soon as possible and, in any event, within one month of its receipt (Art. 11.2).

If it has not been possible to carry out the service within one month of receipt of the document, the receiving agency:

• Immediately informs the transmitting agency using Form K (numbered sub-section 4.3) or, if the transmitting agency used the Form I to request information, using Form J (numbered sub-section 1.2)
• And continues to take all necessary steps to ensure that service of the document is effected when service appears possible within a reasonable time, unless the transmitting agency indicates that service is no longer necessary (Art. 11.2)

To allow the addressee to exercise the right to refuse the document for lack of translation, the document must be accompanied by Form L provided for by Art. 12.

When the formalities relating to the service of the document have been completed, the receiving agency establishes a certificate using Form K (Art. 14). This certificate is sent to the transmitting agency (with a copy of the document served when Art. 8.4 applies).

The certificate is completed in the official language or one of the official languages of the Member State of origin or in another language that the Member State of origin has indicated that it can accept it. To find out which languages are accepted by Member States for completing the forms, consult the section “Find information per region” on the Serving documents (recast) page of the website of the European Judicial Atlas in Civil Matters. This certificate is established regardless of the result of the formalities completed by the receiving agency.

Non-service of document

Sometimes the agent in charge of service cannot serve the document. In this case, Form K (Art. 14) is also completed (numbered section 4) and sent to the transmitting agency. In this case, the document is not served to the addressee.

Refusal to accept the document by the addressee

During the process of serving the document, the addressee should be informed using Form L that he/she may refuse to accept the document, either at the time of service or within two weeks, if the document is not drawn up or accompanied by a translation into one of the following languages:

• A language understood by the addressee
• Or the official language of the receiving Member State 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 (Art. 12.2)

For the purpose of refusing the document, the addressee can return to the receiving agency either Form L, or a written statement indicating that he/she refuses to receive the document because of the language in which it was served (Art. 12.3).

Where the receiving agency is informed that the addressee refuses to accept the document, it shall immediately inform the transmitting agency, using Form K (numbered section 3), and return the request and, where available, each document of which a translation is requested.

If the addressee has refused to accept the document for lack of translation, the resulting situation may be remedied by serving the document accompanied by a translation into one of the languages provided for in Art. 12.2 (Art. 12.5) on the addressee in accordance with the provisions of the Regulation. In this 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 (Art. 12.5).

Toolkit on Service of Documents in the EU: Service by postal services

Sources

Art. 18 of the Regulation

Presentation

Art. 18 provides that “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”.

This provision is contained in Section 2 (Other means of transmission and service of judicial documents) of Chapter II of the Regulation.

Application

A transmitting agency and a receiving agency may serve a document through the postal services within the framework of the Regulation.

Art. 12.6 provides that its paragraphs 1 to 5 (Refusal to accept a document) apply to Art. 18. In particular, the addressee must be informed of his/her right to refuse the document for lack of translation using Form L.

Art. 13 specifies that the double-date principle it lays down is also applicable to Art. 18.

In accordance with the Plumex v. Young Sports NV case law, the Regulation does not establish any hierarchy between the means of transmission and service. Consequently, it is possible to serve a judicial document by one or other of these methods or cumulatively. In the event of a combination of the means of transmission and service, it is appropriate, in order to determine with regard to the addressee the starting point of a procedural time limit linked to the completion of service, to refer to the date of the first valid service.

The transmitting agency may therefore offer the applicant the option of both transmitting the document to the receiving agency and serving it via postal services to its addressee.

Toolkit on Service of Documents in the EU: Electronic service

Sources

Art. 19 of the Regulation

Presentation

Art. 19 authorises direct service of judicial documents by electronic means to an addressee residing in an EU country provided that:

• Electronic means of service are available under the law of the forum Member State for the domestic service of documents
• The documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 2014 of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (e-EIDAS Regulation), now amended by Regulation (EU) 2024/1183 of 11 April 2024 amending Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (e-EIDAS 2 Regulation), and the addressee gave prior express consent to the use of electronic means for serving documents in the course of legal proceedings
• Or 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.

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, where its law sets stricter conditions in that respect or does not allow electronic service by email (Art. 19.2).

Toolkit on Service of Documents in the EU: Direct service

Sources

Art. 20 of the Regulation

Presentation

Art. 20 authorises 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 (Art. 20.1).

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 (Art. 20.2). This information shall be included in the section “Find information per region” on the Serving documents (recast) page of the website of the European Judicial Atlas in Civil Matters.

Application

Art. 12.6 provides that its paragraphs 1 to 5 (Refusal to accept a document) apply to Art. 20. The ministerial officer, the judicial officers, officials or other competent persons of the Member State in which the service is sought must therefore inform the addressee of his right to refuse the document for lack of translation and provide him with Form L.

Art. 13 specifies that the double-date principle it lays down is also applicable to Art. 20.

Toolkit on Service of Documents in the EU: Costs of service

Sources

Art. 15 of the Regulation

Presentation

As a principle, 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 (Art. 15.1).

By way of derogation from this principle (Art. 15.2), the applicant shall pay or reimburse the costs of:

• Recourse to a judicial officer or to a person competent under the law of the Member State addressed
• 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 (Art. 15.3).

Countries applying a single fixed fee

Member States have indicated in which countries fees are charged and the amount of the single fixed fee. This information can be found under the section “Find information per region” on the Serving documents (recast) page of the website of the European Judicial Atlas in Civil Matters.

These Member States are (April 2025):

• Belgium: €165
• Cyprus: €21
• Estonia: between €40 and €70
• France: €48.85
• Germany: up to €37.25, plus a copy production fee or a fee for copy authentication
• Greece: €50
• Hungary: 7,500 HUF (approximately €20) when served by a bailiff
• Ireland: between €70 and €100 when the document is served by a private law body, a private investigator or a solicitor
• Latvia: €133.33
• Lithuania: €110
• Luxembourg: €165
• Malta: €50
• Netherlands: €125 + VAT
• Poland: 60 PLN (approximately 15 €) per address, only when a judicial officer intervenes
• Portugal: between €50.50 and €76 when service is carried out by a judicial officer
• Slovenia: €50 when service is carried out by a judicial officer or detective
• Slovakia: €10 when the service is carried out by a judicial officer

Toolkit on Service of Documents in the EU: Difficulties in application

 

1. The receiving agency does not send the acknowledgment form to the transmitting agency

 

The receiving agency must acknowledge receipt of the document as soon as possible to the transmitting agency and, in any event, within seven days of such receipt, using Form D (Art. 10.1).

 

What should be done when this seven-day deadline is not respected or when the receiving agency does not acknowledge receipt of the document? The Regulation does not mention any penalty. In case of delay in sending the acknowledgment of receipt, or in the absence of sending of the acknowledgment, the transmitting agency should send a reminder to the receiving agency using Form I (art. 11.2). If the problem remains, the transmitting agency should contact its central body (Art. 4), which will contact the central body of the receiving country to find a solution.

 

2. The forms are incomplete, illegible, or not completed in the language accepted by the receiving country

 

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 (Art. 10.2). In the absence of a response from the transmitting agency, the receiving agency may consider itself discharged from its mission.

 

If the problems concern other forms, the agency concerned may contact the other agency by any means. If it does not obtain a satisfactory response, it may contact its central body (Art. 4) which will then contact the central body of the receiving country to find a solution.

 

3. The receiving agency returns the document for lack of translation before trying to serve it

 

Only the addressee can decide not to receive the document due to a lack of translation. The transmitting agency should then contact its central body (Art. 4) which will then contact the central body of the receiving country to find a solution.

 

4. The document returns without having been served by the receiving agency

 

When Form K (Certificate of service or non-service of documents referred to in Art. 14) is sent with numbered section 4 completed (Reason for non-service or document), the document is unserved to the addressee. When the principle of double date applies (Art. 13), the document is served for the applicant only. The applicant’s interests are therefore preserved but the document remains unserved for the addressee.

 

Art. 22 nevertheless provides a detailed mechanism allowing the judge to rule in the case of a document initiating proceedings when the defendant is not entering in 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.”

 

5. The receiving agency fails to carry out its mission within a month

 

The transmitting agency shall contact the receiving agency using Form I (Art. 11.2). If the problem persists, the transmitting agency should contact its central body (Art. 4) which will contact the central body of the receiving country to find a solution.

 

6. The transmitting agency is informed by the receiving agency that the addressee refuses the document for lack of translation

 

In this case, the document is not being served on the addressee, and the applicant must be informed of the situation. In order for the document to be served on the addressee, it must be translated into the language accepted in the receiving Member State or into the language that the addressee indicated knowing in Form L that he has completed (Art. 12.3). The transmitting agency will send the required translation to the receiving agency. The applicant will retain the benefit of the date of the first transmission, provided that the double-date principle applies (Art. 13.2), and the steps have been taken as soon as possible.

 

The regulation does not set the length of this period. The ECJ (8 November 2005, Götz Leffler v Berlin Chemie AG, C-443/03, ECLI:EU:C:665, Rec. 2005, p. I-9611, “European Case Law on Enforcement and on Service of Documents”, p. 242 et seq., N. Fricero and G. Payan, 2^nd edition, 2023, UIHJ Publishing) considers that “a period of one month from receipt by the transmitting agency of the information relating to the refusal may be regarded as appropriate”, adding that “this period can be determined by the national court according to the circumstances” and that  “account should be taken, in particular, of the fact that certain texts may be unusually lengthy or have to be translated into a language for which there are few translators available” (§ 64).

Toolkit on Service of Documents in the EU: ECJ/CJEU Case Law

1. ECJ, 8 November 2005, Götz Leffler v. Berlin Chemie AG, case no. C-443/03, Europe 2006 com. n° 28 p. 24, note Idot, International Law and Procedures, La Revue des Huissiers de Justice, 2006, p.9, note Menut, Gaz. Pal. 2006 n° 102-103 I Jur. p.38, obs. Nicolella; Belgian Commercial Law Review 2006 p.366, note Ekelmans

In this decision, the ECJ clarified the consequences of refusing a document without translation under the conditions of Art. 8 of the Regulation (then Regulation No. 1348/2000). It noted that “the sender has the possibility of remedying this by sending the receiving translation (…) in accordance with the procedures laid down by Regulation No. 1348/2000 and as soon as possible ” It added that, to remedy this difficulty, it is for the national judge to apply its national procedural law while ensuring the full effectiveness of the said Regulation, in accordance with its purpose. ” This solution was integrated in Art. 12 of the Regulation.

2. ECJ, 9 February 2006, Plumex v. Young Sports NV, Case no. C-473/04, Europe 2006 Com. No. 140 p. 32, obs. Idot; Tijdschrift@ipr.be, 2006, nr.1 pp. 63-69, note V. Retornaz

In this case, the document had been transmitted simultaneously using several methods of transmission. The ECJ states that the Regulation “does not establish any hierarchy between the means of transmission and service provided for in Articles 4 to 11 [at the time Regulation No. 1348/200] and that provided for in Article 14 and that, consequently, it is possible to serve a judicial document by one or other of these two methods or cumulatively.” However, “in the event of a combination of the means of transmission and service (…) it is appropriate, in order to determine with regard to the addressee the starting point of a procedural time limit linked to the completion of service, to refer to the date of the first valid service.”

3. ECJ, 8 May 2008, Ingenieurbüro Michael Weiss und Partner GbR v. Industrie-und Handelskammer Berlin, Case no. C-14/07; Dr. et proc., 2008, p. 319, note Chardon; RCDIP, 2008, p. 665, note Cornette

In this case, the Court specified that it was asked to rule on the extent of the translation receiving, and in particular on the need to translate the annexes or not. It considers that the sender must determine which elements are essential for the addressee to be able to exercise its defence, both among the annexes and in the content of the document initiating proceedings. These elements must be translated, if necessary. It adds that the choice of a language of correspondence by professionals who are parties to a contract constitutes only an indication of understanding of this language, but not a presumption. However, the Court specifies that such a linguistic choice deprives the addressee of its right to refuse the document as provided for in Article 8 when the annexes are in this language.

4. ECJ, 25 June 2009, Roda Golf & Beach Resort SL, Case no.C-14/08; JCP ed. Notariale et Immobilière, August 28, 2009, p. 1249, note Nourissat; Europe 2009 Com. nº 344 p.46, note Idot.; JT 2009, p. 654, note Bambust

The question here put to the Court concerned the nature of the documents which could be transmitted under the Regulation. The ECJ states that: “outside of legal proceedings, (…) a notarial act falls within the scope of the Regulation.”

5. CJEU, 15 March 2012, G. v. Cornelius de Visser, case no. C-292/10, § 73.2), ECLI:EU:C:2012:142: “European Case Law on Enforcement and Service of Documents“, 2^nd ed., 2023, N. Fricero and G. Payan, UIHJ Publishing, 489 et seq.

In this decision, the CJEU held that “European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant” (§ 59). This case law must be considered applicable under the Regulation, subject to the provisions of its Art. 7 (Assistance in address enquiries).

6. CJEU, 19 December 2012, Krystyna and Ewald Alder v. Sabina Orlowska and Czeslaw Orlowski, Case no. C-325/11; D. 2013. 1503, obs. F. Jault-Seseke, RCDIP 2013, p. 700 note Cornette, Lettersblogatory, note Cornette

This decision concerns the scope of the Regulation (at the time Regulation (EC) No 1393/2007). The Court states that the legislation of a Member State, in this case Polish law, which provides for a notional service mechanism for cases in which the party residing abroad has not appointed a representative authorised to receive notifications in the State of the court seized, is contrary to Art. 1 of the Regulation. The document to be served should therefore have been sent to the known address in the Member State of residence of that party.

7. CJEU, 2 March 2017, Andrew Marcus Henderson/Novo Banco SA, case no. C-354/15, ECLI:EU:C:2017:157: “European Case Law on Enforcement and Service of Documents”, 2^nd ed., 2023, N. Fricero and G. Payan, UIHJ Publishing, 545 et seq.; JDE 2017, 165; “Law and Practice of Civil Procedure,” 11^th ed., Lefevre Dalloz, 2024-2025, 274.54

Regarding the quality of postal service, particularly in cases where the acknowledgment of receipt for the registered letter has not been returned and it turns out that the letter was received by a third party, the CJEU considered that this possibility was not excluded by Regulation (EC) 1393/2007 (§ 88), subject to certain reservations.

Recital (30) of the Regulation adopted the CJEU’s position, with a final qualification: “In line with the established case law of the Court of Justice of the European Union (8), direct service by postal service under this Regulation should be considered to be validly effected, even if the document was not delivered to the addressee in person, where it was served at the addressee’s home address on an adult person who is living in the same household as the addressee or who is employed there by the addressee and who has the ability and is willing to accept the document, unless the law of the forum Member State only allows the service of that document on the addressee in person.”

Toolkit on Service of Documents in the EU: Bibliography – Publications

I. Bambust, “From Versiculet to Versicle – The European Transmission of Judicial Documents”, in “European Judicial Area, Achievements and Future Challenges in Civil Matters”, Larcier, Brussels, 2007, pp. 175-213

I. Bambust, “The National Chamber of Judicial Officers of Belgium and its New Vocation Within the Framework of Council Regulation (EC) No. 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil and Commercial Matters: SOS Center Between Geocentrism and Heliocentrism”, in Le droit processuel et judiciaire européen –Het europees legal recht en procesrecht, pp. 237-269

I. Bambust, “Regulation No. 1348/2000: Service of Judicial and Extrajudicial Documents”, Study Day on European instruments organised on 28 February 2008 in Brussels by the International Institute of Private Judicial Law of Enforcement, unpublished

B. Barel, “Le Notificazioni Nello Spazio Giuridico Europeo”, Studi e pubblicazioni della Rivista di Diritto internazionale privato e processuale, n°73, CEDAM, Milan, 2008, 335p

M. Chardon, “A Cat Wash for the New Regulation on the Service of Cross-Border Documents in the European Union”, Law and Procedures, 2008, no. 2; pp. 1-5

M. Chardon, M. Douchy-Oudot, S. Gensollen, E. Guinchard, D. Litvinsky and B. Menut, “Transmission, and Service of Documents”, 2^nd Edition, LexisNexis, 2014

F. Cornette, “International Service of Documents”, thesis, University of Rouen, France, 2011

F. Cornette, “Service of Documents Abroad: The State of Community Law”, Gaz. Pal. 20-21 February 2009, pp. 11-17

G. Cuniberti, C. Normand, F. Cornette, “International Enforcement Law”, LGDJ, 2011

M. Douchy, “From the Conflict of Conventions to the Conflict of Sources”, in “New Rights in a New European Area of Justice, Procedural Law and Enforcement Law”, EJT, Paris, 2002, pp. 55-76

M. Douchy, “EC Regulation No. 1348-2000 of 29 May 2000…: Expected New Activities for Judicial Officers”, Rev. Huiss. 2001, No 2, pp. 77-86

R. Dujardin, “Regulation 1393/2007 and the European Enforcement Order in Belgium”, in “Judicial Europe: 10 Years after the Tampere Council, Enforcement Law: Transnational Perspectives, Proceedings of the International Conference in Sibiu (Romania) 13-14-15 May 2009”, Jacques Isnard and Ioan Les (Dir), Passerelle Collection, EJT, Paris, 2011, pp. 33-43

R. Dujardin, ““Who Cites, Visits”. Practical Aspects of Regulation (EC) 1393/2007 on Service of documents, Examined from the Belgian Point of View”, in “Liber Amicorum Jacques Isnard”, pp. 65-105

M. Ekelmans, “Regulation 1348/2000 on the Service of Judicial and Extrajudicial Documents”, J.T. 2001 pp. 481-488

N. Fricero and G. Payan, “European Case Law on Enforcement and Service of Documents”, 2^nd Edition, 2023, UIHJ Publishing

A. Garmendia, “Evaluation of the Regulation on the Service of Documents (1348/2000)”, Practical Obstacles in Cross Border Litigation, Speeches and Presidency Conclusions of the International Conference organised by the Dutch Presidency on 8 and 9 November 2004 in The Hague, Paulien ven der Grinten, Paul Meijknecht, Frans van der Velden (editors), Kluwer Rechtswentenschappelijke Publicaties, The Hague, 2005, pp. 23-25

P. Gielen, “Aspects and New Developments of Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the Service in the Member States of judicial and Extrajudicial Documents in Civil or Commercial Matters”, Journal des Juges de Paix (JJP) – Ed. La Charte (2009, pp. 431-440) (Editor-in-chief: Guy Rommel, Justice of the Peace in Saint Gilles)

G. de Leval and M. Lebois, “Servicing in Europe on the Basis of Regulation 1348/2000: Assessment After a Year and a Half of Application”, Imperat Lex: Liber Amicorum Pierre Marchal, pp. 261-279

E. Leroy, “Regulation (EC) No. 1348/2000 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil and Commercial Matters Adopted by the Council of the European Union on 29 May 2000”, Rev. Notariale Belge 2001, pp. 138-187

AR Markus, R. Rodriguez, « Neuerungen in der internationalen Rechtshilfe in Zivilsachen », in : Stephan Breitenmoser / Bernhard Ehrenzeller (Hrsg.), Aktuelle Fragen der internationalen Amts- und Rechtshilfe, St. Gallen 2009, pp. 101-161

Mr. Mellone, “Il nuovo regolamento comunitario sulla trasmissione degli atti : notifiche più sicure nell’Unione Europea”, Spia al Diritto, April 25, 2007

B. Menut, “Minimum Standards for Effective Service?”, Practical Obstacles in Cross Border Litigation, Speeches and Presidency Conclusions of the International Conference organised by the Dutch Presidency on 8 and 9 November 2004 in The Hague, Paulien ven der Grinten, Paul Meijknecht, Frans van der Velden (editors), Kluwer Rechtswentenschappelijke Publications, 2005, pp. 27-41

C. Nourissat, “Regulation (EC) 1393/2007 of 13 November 2007 on the Service of Judicial and Extrajudicial Documents in Civil and Commercial Matters: What Will Change in a Year”, Procedures, February 2008, p. 2

G. Payan (dir), « European Civil Judicial Area: CJEU judgments and commentaries», Bruylant, 2020

JF Sampieri -Marceau, “The Service of Judicial and Extrajudicial Documents in the European Community”, Dalloz Chronique, 2006, pp. 1009-1012

M. Schmitz et P. Gielen (dir), « The Service of Judicial and Extrajudicial Documents in Europe. Analysis, Case Law, and Perspectives on Regulation (EU) 2020/1784”, Bruylant, 2022

J.P. Spinelli, “The Various International Conventions and the Service of Documents Abroad”, Judicial Officers Guides 001, EJT, 1999

Ch. Vanheukelen, “Regulation No. 1348/2000 – Analysis and Evaluation by a Legal Practitioner” in European Procedural and Judicial Law – Het europees legal recht en procesrecht, Georges de Leval and Marcel Storme ed), La Charte, Brussels, 2003, pp. 195-235

B. del Vecchio, “Notification and Certificate of Validity in the Process of Circulation of Civil and Judicial Documents in the European Union”, in “New Rights in a New European Area of Justice: Procedural Law and Enforcement Law”, EJT, Paris, 2002. pp. 95-112

P. Wautelet, “Regulation 1348/2000 – Study of European Rules for the Transmission of Judicial Documents”, Conference on European Civil Procedure Law: Regulations in Civil and Commercial Matters, organised by the Academy of European Law (ERA) in Trier from June 14 to 17, 2005, pp. 1-48

“Service of Documents and Enforcement Professionals in Europe”, European Meetings of Procedure of the French National School of Procédure, EJT, Passerelle, Paris, 2006