Transmission Court Documents [EU]
Transmitting judicial and extrajudicial documents between EU countries (Post July 22)
Regulation (EU) 2020/1784 on the service in the EU countries of judicial and extrajudicial documents in civil or commercial matters 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.
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 Procedure
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.
Commission
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.
Scope
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.
Regulation (EU) 2020/1784 revises and replaces Regulation (EC) No 1393/2007 and its subsequent amendments (see summary).
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.
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).
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.
Documents
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)
RELATED DOCUMENTS
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A digital single market strategy for Europe (COM(2015) 192 final, 6.5.2015)
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, pp. 73-114)
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Transmission of judicial and extrajudicial documents between EU countries (pre-July 22)
Regulation (EC) No 1393/2007 on the service in EU countries of judicial and extrajudicial documents in civil or commercial matters
It aims to put in place a fast, secure and standardised transmission procedure for judicial* and extrajudicial documents* in civil or commercial matters between parties located in different European Union (EU) countries.
It has applied since 13 November 2008, except for Article 23 (on EU countries’ communication and publication of certain information) which has applied since 13 August 2008.
Scope
This regulation applies to civil or commercial matters where it is necessary to transmit judicial or extrajudicial documents for transmission from one EU country to another.
It does not apply to:
revenue,
customs,
administrative affairs or
cases of state liability for actions or omissions in the exercise of state authority.
The regulation does not apply where the address of the person to be served is unknown.
Further improving the service (transmission) of judicial and extrajudicial documents
The regulation, which replaces Regulation (EC) No 1348/2000 introduces:
a rule stipulating that the receiving agency has to take all necessary steps to transmit the document as soon as possible, and in any event within 1 month of receipt;
a standard form to inform the addressee of their right to refuse to accept the document to be served — at the time that it has been served — or by returning the document to the receiving agency within a week;
a rule stipulating that costs which arise from recourse to a judicial officer or to a person competent under the law of the EU country addressed must correspond to a single fixed fee laid down by that country in advance, respecting the principles of proportionality and non-discrimination;
uniform conditions for service by postal services (registered letter with acknowledgement of receipt or equivalent).
Agencies within EU countries ensure transmission
EU countries designate the agencies that are responsible for transmitting and receiving documents. They must provide the European Commission with their names and addresses, the geographical areas to which they apply, and their accepted languages and means of receipt of documents.
Each EU country also has a central body that is responsible for supplying information to the agencies, resolving any difficulties that may arise and forwarding requests for service by the transmitting agency to the relevant receiving agency in exceptional circumstances.
A federal state, one where there are several legal systems or which has autonomous territorial units, may name more than one such agency or central body. The designation is valid 5 years and maybe be renewed at 5-year intervals.
Speeding up the serving of judicial and extrajudicial documents
The applicant forwards documents to the transmitting agency and bears any costs of translation prior to transmitting the document. The transmitting agency is required to advise the applicant that, in the event that the document is not in a language which the addressee understands or in the official language of the EU country where service is to be effected, the latter can refuse to accept the document.
Documents must be transmitted directly and as soon as possible between the agencies by any appropriate means of transmission, as long as they are legible and faithful to the original. A request using the standard form as annexed to the regulation must be attached in one of the accepted languages that the EU countries indicate. The documents are exempt from legalisation or any equivalent formality. A receipt must be sent within 7 days by the receiving agency. The latter has to contact the transmitting agency as soon as possible in case of missing information.
Serving documents according to the law of the receiving EU country within 1 month
The receiving agency should either serve the document itself or have it served within 1 month. If this is not possible, the receiving agency must inform the transmitting agency and continue to try to serve the document. Serving is done according to the law of the receiving EU country, or by a particular method, if this is requested by the transmitting agency and it conforms to the national law. When service has been carried out, a certificate of completion of the formalities involved must be completed in a language accepted by the EU country of origin and sent to the transmitting agency.
The date of service will be the date on which the document is served, according to the law of the EU country addressed, except where it must be addressed within a particular period according to the law of that country. The service must not incur costs or taxes in the EU country addressed, except if there has been a particular method of service or recourse to a judicial officer there. In that case, it is up to the applicant to bear the costs. EU countries have to fix a single fee in advance, and communicate it to the Commission.
Documents may also be served directly by using registered post with a receipt or via the judicial officers, officials or other competent persons of the EU country addressed, if this is permitted by the country in question. In exceptional circumstances, documents may be forwarded to agencies of another EU country via consular or diplomatic channels.
Informing the addressee about the right to refuse the document to be served
The receiving agency informs the addressee of their right to refuse the document, if it is not written in a language that he or she understands or in the official language of the EU country where service takes place. The refusal must take place at the time of service or by returning the document to the receiving agency within a week.
If the document is a writ of summons (an official order for someone to appear in a court of law) or equivalent and the defendant does not appear, a judgment may not be pronounced until it is sure that the document was served according to the EU country’s domestic law, it was delivered and the defendant had sufficient time to submit a defence. However, judgment may be delivered if the document was transmitted by one of the methods laid down in the regulation, and if more than 6 months have elapsed and no certificate of any kind has been obtained in spite of every reasonable effort by the competent authorities of the EU country addressed. If the defendant did not know about the document in time to appear, it is still possible to apply for relief within a reasonable time after finding out about the judgment.
The Commission should provide and regularly update a manual containing the information provided by the EU countries. By 2011, and every 5 years subsequently, it must present a report on the regulation’s application, focusing on the agencies’ effectiveness.
DOCUMENTS
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, pp. 79-120)
Successive amendments to Council Regulation (EC) No 1393/2007 have been incorporated into the original text. This consolidated version is of documentary value only.