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18/09/2019
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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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Handbook on the Service of Documents in the EU: Transmission of Documents

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Sources

Articles 2 and 4 of the Regulation.

Presentation

Documents are transmitted directly and as soon as possible between the transmitting and receiving agencies. The concerned documents are: requests, confirmations, acknowledgments, certificates and all other kinds of documents.
Documents and annexes are exempted from legalization or any equivalent formality.

Checking of the documents to send

The role of the transmitting agency is to transmit the document that has to be served to the addressee.
The transmitting agency must ensure that the document falls into the scope of the Regulation. The document has to be a judicial or an extrajudicial document in civil and commercial matters only. The regulation excludes from its scope: “revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (acta iure imperii)” (source: article1.1). It does not apply either when the recipient's address is not known (source: article 1.2).

Informing the applicant of the faculty offered to the addressee to reject a non-translated document

The translation of the document is not compulsory. However, the transmitting agency must inform the applicant (or his representative) who presented the document for transmission that the addressee may refuse to accept it if it is not established in the one of the following languages:
- 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 (Source: articles 5 and 8.1).
In practice, the transmitting agency is exempted from this formality when the document is already accompanied by a translation, or if the applicant indicates in advance that he does not want the document to be translated.

Locating the receiving agency

Go to the website of the  European Judicial Atlas.

then change the language when needed.

Complete the fields with the name of the city in the language of the destination country (eg ATHINA, LONDON, WARSZAWA, etc.).

What document shall be transmitted?

The document to be transmitted is accompanied by a request made using the standard form provided for in Article 4 of the Regulation in Annex I. This form is 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 languages of the place where it should be served, or in another language which the requested Member State has indicated it can accept.
When the transmitting agency wishes to have a copy of the document back with the certificate of service or non-service referred to in Article 10 (Form 6), it shall send two copies of the document to be served.

In short, the transmitting agency must send to the receiving agency:
- Form 1 duly filled
- The draft document to be served and its annexes, in one or two copies, together with the translations when required 

How to fill in the form?

The agency must complete the Form 1 mentioned in Article 4 of the Regulation.
Section 6.2 of the Form deals with the date or time from when the service is no longer required. This section is optional. If you fill it, the agency shall be permanently relieved of its mission after this period or that date and the document will never be served to the addressee. You have to be sure not to need the service after a certain time.

How to transmit the document?

The transmission may be effected by any suitable means, provided that the content of the document received is true and faithful to that of the document forwarded and that all information in it is easily legible.
Each Member State indicated the means of reception of documents its agencies have. To check, see the communications of the member states.

When postal transfer is accepted between transmitting and receiving agencies, it is recommended to use registered letter with acknowledgment of receipt. This ensures that the receiving agency has received the documents and shows the date of receipt of the documents.
Advance monies to cover the cost of the document may be required.

Return of the document

The receiving agency must send to the transmitting agency an acknowledgment of receipt within seven days of receipt (Source: Article 6.1).
The agency must take all necessary steps to effect the service of the document as soon as possible and in any event, within one month of receipt (Article 7.2).

After the process the receiving agency will inform you with the Form provided for in Article 10 of the Regulation. This form will be returned to the applicant.

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