Transmitting judicial and extrajudicial documents between EU countries

SUMMARY OF:

Regulation (EU) 2020/1784 on the service in the EU countries of judicial and extrajudicial documents in civil or commercial matters

WHAT IS THE AIM OF THE REGULATION?

It aims to improve the efficiency and speed of transmitting and servicing judicial* and extrajudicial* documents in cross-border civil and commercial cases by reducing the use of paper.

It does so while ensuring the documents’ security and protection, safeguarding the rights of addressees and respecting privacy and personal data.

KEY POINTS

The regulation applies in civil and commercial matters when judicial and extrajudicial documents need to be sent to another EU country.

Documents — requests, confirmations, receipts, certificates and communications — are transmitted between agencies by:

a secure and reliable decentralised IT system (a network of national IT systems and interoperable access points);
the fastest, most appropriate alternative, if the system is disrupted.

They are served on addressees by:

receiving agencies; or
transmitting agencies by registered letter or by electronic means, subject to certain conditions.

EU countries:

select public officers, authorities and other competent persons to send (‘transmitting agencies’) and receive (‘receiving agencies’) the documents;
provide the European Commission with details of those selected and other factual information;
designate a central body to:
- supply information to the transmitting agencies,
- sort out difficulties that may arise,
- forward, in exceptional cases, requests to the competent receiving agency;
provide assistance to locate the unknown addresses of individuals being served with a document;
cover the costs of installing, operating and maintaining the national IT systems used.

The transmission and service procedure states:

judicial documents must be:
- sent directly and as quickly as possible between agencies,
- accompanied by the relevant request form in an official EU language;
receiving agencies must:
- acknowledge receipt of the document as soon as possible,
- inform the transmitting agency if any information is missing or the request is outside the legislation’s scope,
- forward the document, if they do not have the necessary territorial jurisdiction, to the appropriate agency,
- serve the document, if they have the power to do so, within 1 month,
- inform the transmitting agency whether the document is served or refused;
addressees may refuse to accept the document:
- if it is not written in their country’s official language or one they understand,
- either when it is served or by a written statement within 2 weeks;
specific rules and timetables apply if a defendant is absent when a document initiates legal proceedings.

In general, applicants do not need to cover the costs of serving judicial documents. However, a single fixed fee, determined nationally, applies to the use of:

a judicial officer or legally competent individual;
a particular form of service.

The Commission:

may adopt delegated and implementing acts on technical aspects of the legislation;
is responsible for creating, maintaining, developing and financing software that national authorities may use instead of their own national IT systems;
draws up and updates an electronic manual of practical information that it receives from national authorities and makes available on the European Judicial Network in civil and commercial matters (Decision 2001/470/EC — see summary) and on the European e-Justice Portal;
establishes, by 2 July 2023, a detailed programme to monitor the output, results and impact of the regulation;
submits an evaluation report to the European Parliament, the Council and the European Economic and Social Committee.

Extrajudicial documents are transmitted and served under the same conditions as judicial ones.

The regulation:

does not apply to:
- revenue, customs or administrative matters,
- a government’s liability when exercising its legal authority,
- addressees whose address is unknown.

Repeal

Regulation (EU) 2020/1784 revises and replaces Regulation (EC) No 1393/2007 and its subsequent amendments (see summary).

FROM WHEN DOES THE REGULATION APPLY?

It applies from 1 July 2022, apart from certain practical aspects of the transmission of documents (Articles 5, 8 and 10) which apply at a later date.

BACKGROUND

The regulation establishes a framework for judicial cooperation aligned with the EU’s digital single market strategy (see summary).

For more information, see:

Sending documents from one country to another (European Commission).

KEY TERMS

Judicial documents: issued during a civil or commercial lawsuit, such as a summons, writ or judgment.

Extra-judicial documents: drawn up or certified by a public authority or official, such as an invoice or an eviction notice.

MAIN DOCUMENT

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) (OJ L 405, 2.12.2020, pp. 40-78)