Service of documents within European Union Council regulation No 1348/2000 on the service in the Member states of judicial and extrajudicial documents in civil and commercial matters
Historical Background Article 6 of the European convention on human rights and Fundamental Freedoms grants among others rights the right to be heard. The defendant must have the right to be heard in the proceedings, i.e. he must get to know about the proceedings the European system of service of documents was not well elaborated in many case the recognition of decision had to be declined because the defendant had not the right to be heard → mutual negotiations and draft of Convention on service of documents in civil and commercial matters, before the ratification --- Amsterdam Treaty and communitarization of the area of judicial cooperation in civil matters → The text of the convention transferred into Regulation – Council regulation no 1348/2000 There exists Haague convention on service of documents from 1965 – similar system, the application of the regulation is easier.
Regulation on service of documents – scope of application Free conditions must be fulfilled: Is applicable to the service of judicial and extrajudicial documents
Regulation on service of documents – scope of application 2. The document must be in civil or commercial matters 3. There must be qualified international element
Regulation on service of documents – general information The Regulation regulates the role of following subjects: 1.Applicant 2.Addressee 3.Transmitting agency 4. Receiving agency 5. Central body
Regulation on service of documents – general information The language used within the service procedure - necessary to distinguish the language of the form and the language of the document to be served: a)The language of the form b)The language of the document Official language of the Member state addressed, A language of the Member state of transmission, the addressee understands.
Regulation on service of documents – the regulated ways of service The Regulation brings two possibilities how to serve a document from one Member state to another Member state: 1.Service „using the international legal help“ 2.Service „non-using the international legal help“ These terms are not official – the Regulation does not specify the ways of service this way – these term may be used only to distinguish the procedures!
Regulation on service of documents – the service using the international legal help May be understood as the basic system See the scheme in the annex The receiving agency may serve the document: a)Itself b)By the means regulated by its national law c)By the way requested by the transmitting agency, if such way is in compliance with its national law
Regulation on service of documents – the service using the international legal help The advantages of this way of service: Expressly regulated periods of time (you have hope that the service will be effected within one month) More languages than only the national language are acceptable The way of „quick communication“ (fax, ) are allowed Only few reasons for the refusal of service
Regulation on service of documents – the service non-using the international legal help The Regulation contains three ways of the service non-using the international legal help: 1.Transmission by consular or diplomatic channels – 2. Service by post 3. Direct service
Regulation on service of documents – defendant non entering an appearance The Regulation contains in article 19 the regulation of further process in case the writ of summons of equivalent document had been served under the provisions of the Regulation and the defendant had not appeared.