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05/11/2019
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Au service de la profession d’huissier de justice dans le monde depuis 1952
At the Service of the Profession of Judicial Officer in the World since 1952
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Handbook on the Service of Documents in the EU: The Service of the Document

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Articles 2, 6, 7, 8, 10 and 11 of the Regulation.

Principle

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 the Form 6 mentioned in Article 10 of the Regulation.

Receipt of the documents

If the request for service is manifestly outside the scope of the 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 using the standard Form 3 set out in Annex I under Article 6.3.

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.

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 2 set out in Annex I of the regulation and under Article 6.1.

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
-    Inform the transmitting agency accordingly using the standard Form 4 set out in Annex I and under Article 6.3.

The receiving agency having territorial jurisdiction shall:
-    Send the transmitting agency the notice of receipt using Form 5 set out in Annex I and under Article 6.4, and
-    Serve the document to the recipient. The receiving agency must indicate the result of his efforts in Form 6 mentioned in Article 10 of the Regulation.

Where applicable, the receiving agency may require a payment.

Service of the document

The document shall be served in accordance with the law of the Member State addressed or by a particular method requested by the transmitting agency, unless this method is incompatible with the law of that Member State.

The service must be accomplished as soon as possible and in any event, within one month of receipt.

To allow the addressee to exercise the right to refuse the document for lack of translation, the document must be accompanied by the Form 7 mentioned in Article 8 of the Regulation and in Annex II. This form includes twenty-three pages and is set in twenty-two of the twenty-three official languages of the European Union (Danish is missing). This entire form must be attached and not just the pages corresponding to the language or languages  allegedly understood by the addressee. The receiving agency must fill in twenty-two times items 1 to 5 of the Form 7 corresponding to its contacts details.

If it has not been possible to complete the service within one month of receipt, the receiving agency shall:
- Immediately inform the transmitting agency by means of the certificate in the standard Form 6 set out in Annex I, which shall be drawn up under the conditions referred to in Article 10(2); and
- Continue to take all necessary steps to effect the service of the document, unless indicated otherwise by the transmitting agency, where service seems to be possible within a reasonable period of time.

When the formalities concerning the service of the document have been completed, the agency shall prepare a certificate using Form 6 under Article 10 of Regulation and in Annex I. This certificate is sent to the transmitting agency with a copy of the document served when the provisions of Article 4, paragraph 5 were used.

The certificate shall be completed in the official language or one of the official languages of the Member State or in another language that the Member State indicated it can accept. Each Member State indicates, in its communications, the official languages of the European Union other than its own that can be used to fill in forms that are sent to its agencies.

This certificate must be filled in whatever the result of the service carried out by the agency.

Non-accomplishment of the service of the document

The agent in charge of the procedure cannot always serve the document. The Form 6 mentioned in Article 10 of the Regulation and listed in Annex I is filled in (paragraph 15 of the Form) and returned to the transmitting agency. In this case, the document remains un-served served to the addressee..

Refusal to accept a document by the addressee
During the service of the document, the addressee should be informed using the standard Form 7 in Annex II of the Regulation, that he may refuse to accept the document to be served, at the time of service or by returning the document to the receiving agency within one week, if it is not written in or accompanied with a translation into one of the following languages:
a) a language understood by the addressee 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.

If the addressee has refused to accept the document pursuant to paragraph 1, the service of the document can be remedied through the service on the addressee in accordance with the provisions of the 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 has 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 pursuant to Article 9(2).

Where, in accordance with the legislation of a Member State, a document must be served within a particular period, the date to be taken into account with respect to the applicant is that determined by the law of that Member State, as mentioned in Article 9.
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