Service EU
EU Service Regulation
European Union legislation allows service within the European Union through a special mechanism.
The Service Regulation complements the Judgment Regulation. In addition, the Hague convention of service of proceedings in civil and  commercial matter may also apply.
The European Union Regulations applies to civil and commercial matters. Each state must designate a transmitting agency and receiving agency and a central body to assist them. The receiving agency must serve the documents within seven days of receipt. If there is a problem serving, it must contact the transmitting service by the swiftest means possible.
The EU Regulation on Service out of the Jurisdiction and the Lugano Convention provides for service of the originating summons or notice thereof out of the jurisdiction without leave of Court subject to compliance with the relevant conditions.
Where the proceedings are governed by the EU Regulation, the claim must be by summons or other originating documents. They must be proceedings which the Court has the power to hear and determine. No proceedings between the parties concerning the same cause of action may be pending in another State.
Service Issues
Where the summons is to be served out of the jurisdiction, the time within which the defendant is to enter an appearance is to be five weeks in respect of service within the EU, European Union territories of an EU State or a Contracting State and six weeks in respect of any area outside of the European territories.
Where one, two or more defendants or parties to proceedings are covered by the Regulation, but not everyone is domiciled in an EU State or a contracting state to the Lugano Convention, then the provisions of the previous order requiring leave to serve out of the jurisdiction applies to each co-defendant. This does not apply to proceedings providing for exclusive jurisdiction under the Regulation.
Where the defendant is not or is not known to be a citizen of Ireland, notice of the summons and not the summons itself shall be served, A notice in lieu of summons is to be given in the manner in which summonses are served.
Where a defendant wishes to enter an Appearance, to contest jurisdiction he may do so by entering an appearance in a prescribed format.
A party to proceedings may choose to effect service in another State by diplomatic or consular agents under the Regulation.
Domicile for the purpose of the order is to be interpreted in accordance with the EU concept in the Regulation and the Lugano Convention.
There are similar provisions in respect of the earlier 1968 Judgements Convention. It has been largely replaced by the 2001 Regulation.
Contract
Subject to the Regulation or the Convention, where parties to a contract have agreed without conferring jurisdiction, that service of the summons and any proceedings relating to a contract may be effected in any place with or without the jurisdiction on any party or on any person on behalf of any party or in a manner specified or indicated in a contract, then in such cases, notwithstanding the Rules, service of such summons at the place or on the party or on the person if any, and in the manner indicated, shall be deemed good and effective service, wherever the parties are resident. If no place or mode of service is specified, service shall be effected in accordance with the Rules
Mechanics of Service
The EU Regulation on Service of proceedings provides a special method for service of proceedings through authorities appointed by each State.
County Registrars are the transmitting agencies for the purpose of the regulations in Ireland. The receiving entities are designated by the State.
Parties to proceedings to which the EU Regulations apply, who wishes to have a document served pursuant to it, may lodge with the County Registrar’s office,
- two copies of the documents to be served with an additional copy for each person to be served;
- a request for service in the form specified; and
- an undertaking to pay the costs occasioned by the employment of a judicial officer or of a person competent under the law of the State or where the applicant for service has specified a particular method of service, the costs occasioned by that method of service.
If the request does not comply with the Rules, the transmitting agency is to inform the requesting party.
The transmitting agency notifies the applicant of requests and contacts from the other entity.
Transmitting Agency Duties
The transmitting agency is to maintain a list of States and the languages specified for the purpose of the Regulation. The list is to be available for inspection of the offices of the County Registrar.
The transmitting agency is responsible for notifying the requesting party of any contact or notice received from the receiving agent.  On receipt of a certificate under the Regulations of the receiving agency, it is to be furnished to the requesting party.
The transmitting agency shall maintain a list States who are subject to the Regulation, which may be available for inspection at the office of the County Registrar.
The transmitting agency may request that the documents be served in a particular manner provided it is not incompatible with the laws of the serving state. When documents are served the certificate of completion of service is sent to the transmitting agency together with a copy of the document which has been served.
Judgment in Default
In EU Judgements cases, a judgement in default of appearance may be entered only with leave of the Court. A Â judgement shall not be given or entered in default of appearance in the circumstances referred to in the Regulation, until it is established
- that the originating document was served by a method prescribed by the internal law of the State for the service of documents in domestic actions upon persons who are within its territory or
- the originating document was actually delivered to the defendant or his residence by another method provided for under the 2007 Regulation; and
- in either case, the service or delivery was in sufficient time to enable the defendant to defend the claim.
An application for leave to enter judgment is made by motion on notice, with a supporting an affidavit by the claimant, verifying the steps taken to serve the proceedings and supported by adequate proof thereof. The affidavit shall state that in the deponent’s opinion, that the claim is such that by virtue of the EU Regulation, the Court has the power to hear and determine and that no other Court has exclusive jurisdiction under the Regulation.
The Court may give leave to enter judgement if no certificate of service or delivery has been received by the transmitting agency from the receiving agency in the State in which service is requested to be effected. This is provided that the document was transmitted by one of the methods in the Service Regulation, a period of time being not less than six months, considered adequate by the Court, has elapsed since the date of transmission of the document and no certificate of any kind has been received, from the receiving agency, even though all reasonable effort has been made to obtain it through the competent authorities of the State addressed.
Appeal and Interim Measures
The Court may at any stage, in the event of urgency, make orders for provisional or protective measures on foot on an application made by the claimant.
An application to extend the time for appealing any judgement obtained in default of appearance shall be made by Motion on Notice. It shall be based on an affidavit of the moving party. The Court may if satisfied that
- The application was made within a reasonable time after the defendant had knowledge of the judgement;
- the defendant, without fault on his part, did not have knowledge of the originating document in sufficient time to defend or knowledge of the judgement in sufficient time to appeal it; and
- the defendant has disclosed a prima facie defence to the action on the merits,
extend the time for appealing, on such terms and conditions as appears just.
No application to set aside a judgement obtained in default of appearance shall be entertained if not made within a time that the Court deems to be reasonable.
No application to extend the time for appealing shall be entertained in respect of judgements relating to capacity and status of persons.
Regulation on EU Service (2020)
The 2020 Service Regulation applies to proceedings within the European Union. The Regulation applies to the cross-border service of judicial and extrajudicial documents in civil and commercial matters. There is provision for assistance by State authorities.
The Court Service’s office in Castlebar is the transmitting agency and receiving agency in Ireland. The Central Body in Ireland is the Master of the High Court.
The 2020 Regulations provides for transmission using a secured IT system where possible. Documents are not to be considered inadmissible solely because they are in electronic form.
The date of service is the date on which document is served in accordance with the law of the receiving State.
Transmission between Agencies (2020 Regulation)
Documents are to be transmitted as quickly as possible between transmitting and receiving agency. The receiving agency is to send the transmitting agency an  acknowledgement receipt as soon as possible and in any event within 7 days. If the receiving agency cannot fulfil the request on the basis of information or documents transmitted, it must contact the transmitting agency without undue delay. It may return them if the documents are manifestly incorrect.
Where a receiving agency receives a document for which it does not have jurisdiction, Â it is to forward the document without undue delay together with A request to the receiving agency that has territorial jurisdiction in the member state addressed. Once documents are received by the agency having territorial jurisdiction in the state, it is to send an acknowledgement to the transmitting agency as soon as possible and in any event within 7 days.
The receiving agency must serve the document or have it served in accordance with the law of the member state addressed or the particular way requested by the transmitting agency, unless that method is incompatible with the law of the state addressed. The receiving agency is to take all necessary steps to effect service as soon as possible and in any event within a month of receipt.
Return (2020 Regulation)
If it is not possible to serve the document within one month, the receiving agency is required to immediately inform the transmitting agency and to continue to take all necessary steps to effect the service of the document where service seems to be possible within a reasonable time unless, it indicates that longer time as required. Once documents have been served, the receiving agency is to send a certificate of completion and send it to the transmitting agency.
The addressee may refuse to accept where the documents are not written in or accompanied by a translation into the language they language the addressee understands or one of the official languages of the state in which service is effected. The transmitting agency to which the applicant has forwarded the document must advise the applicant as to this requirement. The receiving agency must inform the addressee of the right to a translation.
Costs of Service
The applicant may be required to pay or reimburse the costs of a judicial officer or person competent under the law of the state addressed or costs relating to the use of a particular method of service. States must lay down fixed fees for recourse to a judicial officer or comparable persons which must be proportionate non-discriminatory and be communicated to the EU Commission.
Alternative Methods (2020 Regulation)
The Service Regulation does not make the service of documents through the agencies mandatory. There may be other means for service provided including  by
- diplomatic and consular agents
- post
- electronic service
- direct service
where permitted.
The provisions regarding translation and the right to refuse to accept service apply to the other means of service.
Each member state is free to permit service of judicial documents on persons residing in another state by registered letter with acknowledgement of receipt or equivalent. This has been held to allow the transmitting agency to serve by registered post.
Electronic Service (2020 Regulation)
Service of judicial documents may be effected directly on a person at a designated address for service by any electronic means of service available under the law of the jurisdiction for service of domestic documents.
- The documents are sent and received using qualified electronic registered delivery services 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.
Direct Service (2020 Regulation )
Any person with an interest in particular judicial proceedings may effect the service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State in which service is sought, provided that such direct service is permitted under the law of that Member State.
A Member State that allows direct service shall provide the Commission with information regarding which professions or competent persons are permitted to effect the direct service of documents in their territory. The Commission shall make that information available through the European e-Justice Portal.
Judegment (2020 Regulation)
Judgement should not be given in default unless it is established that the service or delivery of the document was effected in sufficient time to allow the defendant to enter a defence and that the document was served by a method prescribed by the law of the state concerned for service of documents in domestic actions upon persons within the territory or that the document was in fact delivered to the defendant or to the defendants residence by another method permitted by the service regulation.
Member states may provide that a court may give judgement even though 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 the 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.
Where judgement in default of appearance has been given the judge has power to relieve the defendant from the effect of the expiry of time for appeal. The following conditions apply
- the defendant without any fault on its part did not have knowledge of the document in sufficient time to enter an appearance or
- did not have knowledge of the judgement in sufficient time to appeal
- the defendant has raised a prima facie defence on the merits