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Last update: 
17/09/2019
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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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Toolkit on the European Small Claims Procedure - Service of Documents

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1. Methods of service

Unlike Regulation (EC) No 1896/2006 establishing a European order for payment procedure, the settlement of small claims only provides for two ways of serving the document, leaving the applicant with no choice.


Article 13 provides that the acts shall be served:

  • by postal service, or
  • by electronic means where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure is conducted and, if the party to be served is domiciled or habitually resident in another Member State, in accordance with the procedural rules of that Member State; and where the party to be served has expressly accepted in advance that documents may be served on him by electronic means or is, in accordance with the procedural rules of the Member State in which that party is domiciled or habitually resident, under a legal obligation to accept that specific method of service.

 In the two cases the service shall be attested by an acknowledgment of receipt including the date of receipt.


If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Article 13 or 14 of Regulation (EC) n° 1896/2006.


2. Content of service of documents


Article 5, 2 of the Regulation states that must be served to the defendant : 

  • A copy of the claim form (Form A) ;
  • Where applicable the supporting documents;
  • The answer form (Form C) thus filled in

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