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Document 02020R1784-20201202
Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)Text with EEA relevance
Consolidated text: Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)Text with EEA relevance
Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)Text with EEA relevance
02020R1784 — EN — 02.12.2020 — 000.005
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2020/1784 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405 2.12.2020, p. 40) |
Corrected by:
REGULATION (EU) 2020/1784 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2020
on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)
(recast)
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘forum Member State’ means the Member State in which the judicial proceedings take place;
‘decentralised IT system’ means a network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.
Article 3
Transmitting and receiving agencies
Each Member State shall provide the Commission with the following information:
the names and addresses of the receiving agencies referred to in paragraphs 2 and 3;
the geographical areas in which those receiving agencies have jurisdiction;
the means by which those receiving agencies are able to receive documents where Article 5(4) applies; and
the languages that may be used for the completion of the forms set out in Annex I.
Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.
Article 4
Central body
Each Member State shall designate a central body that is 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.
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.
Article 5
Means of communication to be used by transmitting agencies, receiving agencies and central bodies
Article 6
Legal effects of electronic documents
Documents that are transmitted through the decentralised IT system shall not be denied legal effect or considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form.
Article 7
Assistance in address enquiries
Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, that Member State shall provide assistance in determining the address in, at least, one of the following ways:
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 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 shall provide the Commission with the following information with a view to making it available through the European e-Justice Portal:
the means of assistance which the Member State will provide in its territory pursuant to paragraph 1;
where applicable, the names and contact details of the authorities referred to in points (a) and (b) of paragraph 1;
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.
Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.
CHAPTER II
JUDICIAL DOCUMENTS
SECTION 1
Transmission and service of judicial documents
Article 8
Transmission of documents
Each Member State shall communicate to the Commission any official language of the Union other than its own in which the form may be completed.
Article 9
Translation of documents
Article 10
Receipt of documents by receiving agency
Article 11
Service of documents
The receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of its receipt. If it has not been possible to effect the service within one month of receipt of the document, the receiving agency shall:
immediately inform the transmitting agency by means of form K in Annex I or, if the transmitting agency has requested information by means of form I in Annex I, by means of form J in Annex I; and
continue to take all necessary steps to effect the service of the document where service seems to be possible within a reasonable period of time, unless the transmitting agency indicates that service is no longer necessary.
Article 12
Refusal to accept a document
The addressee may refuse to accept the document to be served if the document is not written in, or is not accompanied by a translation into, either:
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.
The receiving agency shall inform the addressee of the right provided for in paragraph 1 where the document is not written in, or is not accompanied by a translation into, a language referred to in point (b) of that paragraph, by enclosing with the document to be served form L in Annex I, which shall be provided in:
the official language or one of the official languages of the Member State of origin; and
a language referred to in point (b) of paragraph 1.
If there is an indication that the addressee understands an official language of another Member State, form L in Annex I shall also be provided in that language.
Where a Member State translates form L in Annex I into a language of a third country, it shall communicate that translation to the Commission with a view to making it available on the European e-Justice Portal.
Article 13
Date of service
Article 14
Certificate of service and copy of the document served
Article 15
Costs of service
By way of derogation from paragraph 1, 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.
SECTION 2
Other means of transmission and service of judicial documents
Article 16
Transmission by diplomatic or consular channels
In exceptional circumstances, each Member State may use diplomatic or consular channels to transmit judicial documents for the purpose of service to the receiving agencies or central bodies of another Member State.
Article 17
Service by diplomatic agents or consular officers
Article 18
Service by postal services
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.
Article 19
Electronic service
The service of judicial documents may be effected directly on a person who has a known address for service in another Member State by any electronic means of service available under the law of the forum Member State for the domestic service of documents, provided that:
the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 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.
Article 20
Direct service
CHAPTER III
EXTRAJUDICIAL DOCUMENTS
Article 21
Transmission and service of extrajudicial documents
Extrajudicial documents may be transmitted to and served in another Member State in accordance with this Regulation.
CHAPTER IV
FINAL PROVISIONS
Article 22
Defendant not entering an appearance
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:
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
the document was in fact delivered to the defendant or to the defendant’s residence by another method provided for by this Regulation.
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:
the document was transmitted by one of the methods provided for in this Regulation;
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;
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.
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:
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
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.
Article 23
Amendment of Annex I
The Commission is empowered to adopt delegated acts in accordance with Article 24 to amend Annex I in order to update the forms set out therein or to make technical changes to those forms.
Article 24
Exercise of the delegation
Article 25
Adoption of implementing acts by the Commission
The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:
the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system;
the technical specifications for communication protocols;
the information security objectives and relevant technical measures ensuring minimum information security standards for the processing and communication of information within the decentralised IT system;
the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;
the establishment of a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation.
Article 26
Committee procedure
Article 27
Reference implementation software
Article 28
Costs of the decentralised IT system
Article 29
Relationship with agreements or arrangements between Member States
Member States shall send to the Commission:
a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and
any denunciation of, or amendments to, those agreements or arrangements.
Article 30
Legal aid
This Regulation shall not affect the application of Article 24 of the Hague Convention of 1 March 1954 on Civil Procedure or Article 13 of the Convention on International Access to Justice of 25 October 1980 between the Member States party to those Conventions.
Article 31
Protection of information transmitted
Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725.
Personal data which are not relevant for the handling of a specific case shall be deleted immediately.
Article 32
Respect for fundamental rights under Union law
The fundamental rights and freedoms of all persons involved shall be fully observed and respected in accordance with Union law, in particular the rights to equal access to justice, to non-discrimination and to the protection of personal data and privacy.
Article 33
Communication, publication and manual
Member States shall communicate to the Commission if their national law requires a document to be served within a particular period as referred to in Articles 12(5) and 13(2).
Article 34
Monitoring
Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:
the number of requests for the service of documents transmitted in accordance with Article 8;
the number of requests for the service of documents executed in accordance with Article 11;
the number of cases in which the request for the service of documents was transmitted by means other than through the decentralised IT system in accordance with Article 5(4);
the number of received certificates of non-service of documents;
the number of refusals of documents for language reasons received by the transmitting agencies.
Article 35
Evaluation
Article 36
Repeal
Article 37
Entry into force and application
It shall apply from 1 July 2022.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
FORM A
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REQUEST FOR SERVICE OF DOCUMENTS (Article 8(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
Reference No of the transmitting agency:
1. TRANSMITTING AGENCY
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 1 ):
Email:
2. RECEIVING AGENCY
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (1) :
Email:
3. APPLICANT(S) ( 2 )
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (1) :
Fax (1) :
Email (1) :
4. ADDRESSEE
Identity:
Date of birth, if available:
Address
Street and number/PO box:
Place and postcode:
Country:
Tel. (1) :
Fax (1) :
Email (1) :
Identification number/social security number/organisation number/or equivalent (1) :
Any other information relating to the addressee (1) :
5. METHOD OF SERVICE
In accordance with the law of the Member State addressed□
By the following particular method□
If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law of that Member State:
yes□
no□
6. DOCUMENT TO BE SERVED
Nature of the document:
judicial□
writ of summons□
decision/judgment□
appeal□
other (please specify):
extrajudicial□
Date or time limit after which service is no longer necessary (1) :
(day)(month) (year)
Language of document:
original BG □, ES □, CS □, DE □, ET □, EL □, EN □, FR □, GA □, HR □, IT □, LV □, LT □, HU □, MT □, NL □, PL □, PT □, RO □, SK □, SL □, FI □, SV □ (please specify)
translation (1) BG □, ES □, CS □, DE □, ET □, EL □, EN □, FR □, GA □, HR □, IT □, LV □, LT □, HU □, MT □, NL □, PL □, PT □, RO □, SK □, SL □, FI □, SV □, other □ (please specify)
Number of enclosures:
7. LANGUAGE OF INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE THE DOCUMENT
For the purposes of Article 12(2) of Regulation (EU) 2020/1784, please indicate in which of the following languages, in addition to the language of the Member State addressed, the information is to be provided:
Official language or one of the official languages of the Member State of origin ( 3 ): BG □, ES □, CS □, DE □, ET □, EL □, EN □, FR □, GA □, HR □, IT □, LV □, LT □, HU □, MT □, NL □, PL □, PT □, RO □, SK □, SL □, FI □, SV□
Official language of another Member State the addressee might understand: BG □, ES □, CS □, DE □, ET □, EL □, EN □, FR □, GA □, HR □, IT □, LV □, LT □, HU □, MT □, NL □, PL □, PT □, RO □, SK □, SL □, FI □, SV□
8. A COPY OF THE DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 5(4) of Regulation (EU) 2020/1784)
Yes (in this case, send two copies of the document to be served)□
No□
9. REASONS FOR NOT TRANSMITTING THROUGH THE DECENTRALISED IT SYSTEM (Article 5(4) of Regulation (EU) 2020/1784) ( 4 )
Electronic transmission was not possible due to:
disruption of the decentralised IT system
exceptional circumstances
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1. You are required by Article 11(2) of Regulation (EU) 2020/1784 to take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of its receipt. If it has not been possible for you to effect the service within one month of receipt, you must inform this agency by indicating that fact in item 2 of the certificate of service or non-service of documents. |
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2. If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 10(2) of Regulation (EU) 2020/1784 to contact this agency in order to obtain the missing information or documents using form E in Annex I to Regulation (EU) 2020/1784 |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM B ( 5 )
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REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED (Article 7(1)(a) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) (2) |
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(1)
OJ L 405, 2.12.2020, p. 40.
(2)
This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784. |
Reference No of the transmitting agency:
1. TRANSMITTING AGENCY
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. ( 6 ):
Fax (6) :
Email:
2. REQUESTED AUTHORITY
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (6) :
Fax (6) :
Email:
3. ADDRESSEE
Identity:
Last known address:
Street and number/PO box:
Place and postcode:
Country:
Known personal details of the addressee (if natural person), if available:
Name at birth:
Other known name(s):
Date and place of birth:
Identification number/social security number/or equivalent:
Mother’s or father’s name at birth:
Other information:
Known details of the addressee (if legal person), if available:
Registration number or equivalent:
Name(s) of the member(s) of the board/representative:
Tel. (6) :
Fax (6) :
Email (6) :
Other information, if available:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM C ( 7 )
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REPLY TO THE REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED (Article 7(1)(a) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) (2) |
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(1)
OJ L 405, 2.12.2020, p. 40.
(2)
This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784. |
Reference No of the transmitting agency:
Reference No of the requested authority:
1. ADDRESSEE
Identity:
Known address:
Street and number/PO box:
Place and postcode:
Country:
No address could be determined□
Other information:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM D
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ACKNOWLEDGEMENT OF RECEIPT (Article 10(1) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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This acknowledgement of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (1) |
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(1)
The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784. |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. DATE OF RECEIPT:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM E
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REQUEST FOR ADDITIONAL INFORMATION OR DOCUMENTS FOR THE SERVICE OF DOCUMENTS (Article 10(2) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM F
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NOTICE OF RETURN OF REQUEST AND DOCUMENT (Article 10(3) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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The request and document must be returned on receipt. |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. REASON FOR RETURN:
The request is manifestly outside the scope of the Regulation:
address unknown□
the matter is not civil or commercial□
the service is not from one Member State to another Member State□
other (please specify):
Non-compliance with the formal conditions required makes service impossible:□
the document is not easily legible□
the language used to complete the form is incorrect□
other (please specify):
The method of service is incompatible with the law of the Member State addressed (Article 11(1) of Regulation (EU) 2020/1784)□
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM G
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NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY (Article 10(4) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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The request and document were forwarded to the following receiving agency, which has territorial jurisdiction to serve it: |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. APPROPRIATE RECEIVING AGENCY
Identity:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 9 ):
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM H
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ACKNOWLEDGMENT OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY (Article 10(4) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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This acknowledgment of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (1) |
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(1)
The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784. |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM I ( 10 )
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REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS (Article 11(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency. |
Reference No of the transmitting agency:
Reference No of the receiving agency (if available):
1. THE REQUEST WAS SENT BUT NO INFORMATION ON SERVICE OR NON-SERVICE HAS BEEN RECEIVED
The request was sent□
date:…
The acknowledgement of receipt was received□
date:…
Other information was received□
2. TRANSMITTING AGENCY
Identity:
Items 2.2 to 2.6 are optional when a copy of the request for service of documents is attached:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 11 ):
Email:
3. RECEIVING AGENCY
Identity:
These items are optional when a copy of the request for service of documents is attached:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (11) :
Email:
4. ADDRESSEE
Identity:
Date of birth, if available:
These items are optional when a copy of the request for service of documents is attached:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (11) :
Fax (11) :
Email (11) :
Identification number/social security number/organisation number/or equivalent (11) :
Any other information relating to the addressee (11) :
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM J ( 12 )
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REPLY TO REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS (Article 11(2) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. INFORMATION ON STATUS OF SERVICE OF DOCUMENT
The request was not received□
The request cannot be executed within one month of receipt for the following reasons:
Determination of current address of addressee is in progress□
Service is in progress – documents were sent to the addressee, however their delivery has not yet been confirmed□
Service is in progress – documents were sent to the addressee, however the deadline for refusal has not expired□
All options for service have not yet been exhausted□
Service has already been executed, see copy of the certificate attached□
Request replied to on (date). Reply attached□
Request for additional information or document is pending□
Other□
It is estimated that the request will be executed by …
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM K
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CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS (Articles 11(2), 12(4) and 14 of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
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(1)
OJ L 405, 2.12.2020, p. 40. |
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Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency (Article 11(2) of Regulation (EU) 2020/1784) |
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. COMPLETION OF SERVICE (Article 14)
Date and address of service
The document was
served in accordance with the law of the Member State addressed, namely
handed to□
the addressee in person□
another person□
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Nature of relationship with the addressee:
family□ employee□ other□
the addressee’s address□
another address (please specify) ( 13 )□
served by postal services□
without acknowledgement of receipt□
with the enclosed acknowledgement of receipt□
from the addressee□
from another person□
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Nature of relationship with the addressee:
family□ employee□ other□
served electronically (please state how):□
served by another method (please state how):□
served by the following particular method (please state how):□
The addressee of the document was informed, in accordance with Article 12(2) of Regulation (EU) 2020/1784, in writing that the addressee may refuse to accept the document if it is not written in or accompanied by a translation into either a language which he or she understands or the official language or one of the official languages of the place of service.
2. INFORMATION IN ACCORDANCE WITH ARTICLE 11(2) OF REGULATION (EU) 2020/1784
It was not possible to effect service within one month of receipt□
3. REFUSAL OF DOCUMENT (Article 12(4) of Regulation (EU) 2020/1784)
The addressee refused to accept the document due to the language used□
Date of attempt of service:
Date of refusal, if available:
The document is annexed to this certificate.
Yes□
No□
4. REASON FOR NON-SERVICE OF DOCUMENT
Address unknown
Steps to establish the address were undertaken ( 14 ) yes□ no□
Addressee cannot be located□
Document could not be served before the date or time limit stated in item 6.2 in the request for service of documents (Form A)□
Other (please specify)□
The document is annexed to this certificate yes□ no□
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM L
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INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT A DOCUMENT (Article 12(2) and (3) of Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1)) |
|
(1)
OJ L 405, 2.12.2020, p. 40. |
Addressee:
I. INFORMATION TO THE ADDRESSEE
The enclosed document is served in accordance with Regulation (EU) 2020/1784
You may refuse to accept the enclosed document if it is not written in or accompanied by a translation into either a language which you understand or the official language or one of the official languages of the place of service.
If you wish to exercise this right, you must refuse to accept the document at the time of service directly with the person serving the document or within two weeks of service by returning, to the address indicated below, this form completed by you, or a written declaration indicating that you refuse to accept the enclosed document because of the language in which it was provided.
Please note that if you refuse to accept the enclosed document but the court or authority seised of the legal proceedings in the course of which the service became necessary subsequently decides that the refusal was not justified, it may apply legal consequences provided for by the law of the forum Member State, such as deeming the service valid, for unjustified refusals.
II. ADDRESS TO WHICH THE FORM SHOULD BE RETURNED ( 15 ):
Identity:
Address:
Street and number/PO Box:
Place and postcode:
Country:
Reference No:
Tel.
Fax ( 16 ):
Email:
III. DECLARATION OF THE ADDRESSEE ( 17 ):
I refuse to accept the document because it is not written in, or accompanied by a translation into, either a language which I understand or the official language or one of the official languages of the place of service.
I understand the following language(s):
|
Bulgarian |
□ |
Lithuanian |
□ |
|
Spanish |
□ |
Hungarian |
□ |
|
Czech |
□ |
Maltese |
□ |
|
German |
□ |
Dutch |
□ |
|
Estonian |
□ |
Polish |
□ |
|
Greek |
□ |
Portuguese |
□ |
|
English |
□ |
Romanian |
□ |
|
French |
□ |
Slovak |
□ |
|
Irish |
□ |
Slovenian |
□ |
|
Croatian |
□ |
Finnish |
□ |
|
Italian |
□ |
Swedish |
□ |
|
Latvian |
□ |
||
Other□ (please specify):
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
ANNEX II
Repealed Regulation with list of the successive amendments thereto
|
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 (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79). |
|
|
Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 1). |
Only amendments to Annexes I and II to Regulation (EC) No 1393/2007 |
ANNEX III
CORRELATION TABLE
|
Regulation (EC) No 1393/2007 |
This Regulation |
|
Article 1(1) |
Article 1(1) |
|
Article 1(2) |
Article 1(2) |
|
Article 1(3) |
- |
|
- |
Article 1(3) |
|
- |
Article 2 |
|
Article 2 |
Article 3 |
|
Article 3 |
Article 4 |
|
- |
Article 5(2), (3) and (4) |
|
- |
Article 6 |
|
- |
Article 7 |
|
Article 4(1) |
Article 8(1) |
|
Article 4(2) |
Article 5(1) |
|
Article 4(3) |
Article 8(2) |
|
Article 4(4) |
Article 8(3) |
|
Article 4(5) |
Article 8(4) |
|
Article 5 |
Article 9 |
|
Article 6 |
Article 10 |
|
Article 7 |
Article 11 |
|
Article 8(1) |
Article 12(1), (2) and (3) |
|
Article 8(2) |
Article 12(4) |
|
Article 8(3) |
Article 12(5) |
|
Article 8(4) |
Article 12(6) |
|
Article 8(5) |
Article 12(7) |
|
Article 9 |
Article 13 |
|
Article 10 |
Article 14 |
|
Article 11 |
Article 15 |
|
Article 12 |
Article 16 |
|
Article 13 |
Article 17 |
|
Article 14 |
Article 18 |
|
- |
Article 19 |
|
Article 15 |
Article 20(1) |
|
- |
Article 20(2) |
|
Article 16 |
Article 21 |
|
Article 17 |
Article 23 |
|
- |
Article 24 |
|
- |
Article 25 |
|
Article 18 |
Article 26 |
|
- |
Article 27 |
|
- |
Article 28 |
|
Article 19 |
Article 22 |
|
Article 20 |
Article 29 |
|
Article 21 |
Article 30 |
|
- |
Article 31(1) |
|
- |
Article 31(2) |
|
Article 22(1) |
Article 31(3) |
|
Article 22(2) |
Article 31(4) |
|
Article 22(3) |
Article 31(5) |
|
Article 22(4) |
Article 31(6) |
|
- |
Article 32 |
|
Article 23(1) |
Article 33(1) |
|
- |
Article 33(2) |
|
Article 23(2) |
Article 33(3) |
|
Article 23(3) |
Article 33(4) |
|
- |
Article 34 |
|
Article 24 |
Article 35(1) |
|
- |
Article 35(2) |
|
Article 25 |
Article 36 |
|
Article 26 |
Article 37 |
|
Annex I |
Annex I |
|
Annex II |
Annex I |
|
- |
Annex II |
|
Annex III |
Annex III |
( 1 ) This item is optional.
( 2 ) Where there is more than one applicant, please provide information as set out in items 3.1 to 3.5.
( 3 ) This item applies only to the MS which have several official languages
( 4 ) This item only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.
( 5 ) The use of this form is optional.
( 6 ) This item is optional.
( 7 ) The use of this form is optional.
( 8 ) This item is optional.
( 9 ) This item is optional.
( 10 ) The use of this form is optional.
( 11 ) This item is optional.
( 12 ) The use of this form is optional.
( 13 ) Address established by the receiving agency in accordance with Article 7(2)(c) of Regulation (EU) 2020/1784.
( 14 ) This item applies only to the MS which provide the assistance in accordance with Article 7(2)(c) of Regulation (EU) 2020/1784.
( 15 ) To be filled in by the authority effecting the service.
( 16 ) This item is optional.
( 17 ) To be filled in and signed by the addressee.