1. The EU-Service Regulation
RA Dr. Bartosz Sujecki
Advocaat & Rechtsanwalt

2. Program Introduction Background of the EU-Service Regulation
Recent Case Law of the ECJ
Practical application of the EU-Service Regulation
Conclusion and Final Remarks

3. Background of the EU-Service Regulation
Hague Convention on Civil Procedure of 1954
Hague Convention on Service of Documents of 1965
European Service Convention of 1997
European Service Regulation of 2000
European Service Regulation of 2007

4. The EU-Service Regulation
Content and Purpose of the EU-Service Regulation
Scope of Application
Transmitting and Receiving Agencies
Methods of Transmission
Language problems
Costs

5. Content and Purpose
The Service Regulation does – in general – not regulate the service, but the (direct) cross border transmission of judicial and extrajudicial documents
Relationship with national law?
Purpose:
Improvement of the cross border service
Lower costs
Shorter periods of service
Solving the language problem
Balance of rights of the parties

6. Scope of Application Article 1 ”Civil and Commercial Matters”
“Judicial and Extrajudicial Documents”
“Service”
”Known address of the person to be served”
Special position of Denmark

7. Transmitting and Receiving Agencies
Decentralized Transmitting System, article 2
Integration of two service systems in the EU Member States
Courts
Bailiffs
Central Body, article 3
Ministry
Association
Judiciary

8. Methods of Transmission
Five Transmission Methods
Direct Transmission between the agencies
Direct service by postal service
Direct service
______________________
Transmission by Consular or Diplomatic Channels
Service by Diplomatic or Consular Agents

9. Transmission between Agencies
Transmission shall take place “directly” and “as soon as possible”
Means of Transmission
Request
Legalization of the Documents not necessarily

10. Transmission between Agencies
Receipt, article 6
As soon as possible in any event within seven day
Sending the receipt of the request
Execution of the Service, article 7
According to national law of the receiving Member State
According to a requested method, unless that method is incompatible with the law of that Member State
Execute the service within one month or inform the transmitting agency that it is not possible to effect the service within one month
Date of service, article 9
In accordance with the law of the Member State addressed,
In cases where service has to take place within a particular period, in accordance with the law of that Member State
Certificate, article 10

11. Transmission by Postal Service
Article 14
By registered letter with acknowledgement of receipt or
equivalent
Must be initiated by an transmitting agency

12. Direct Service Article 15
“any person interested in a judicial proceedings”
“judicial officers, officials or other competent persons”
“judicial documents”

13. Language Problems Requirements, article 5
No requirement to translate the document
Right to refuse the acceptance, article 8
Information about the right, article 5 and 8
Remedy of the refusal, article 8 para 3

14. Costs Principle of no charges for service, article 11 para 1
Exemptions, article 11 para 2
Service by judicial officer or person competent
A particular method of service
Costs must be proportionate and non-discriminatory

15. Case Law of the ECJ
ECJ, , C-443/03, ECR 2005, I-9611 (Leffler)
It is possible to remedy the lack of translation
The translation should be transmitted “as soon as possible”
National law applies for problems not regulated by the Reg.
ECJ, , C-473/04, ECR 2006, I-1417 (Plumex)
There is no hierarchy between the methods of service
All methods of service have the same effect
The first service is the effective one

16. Case Law of the ECJ
ECJ, , C-14/07, ECR 2008, I-3401 (Weiss und Partner)
“Document to be served” initiating the proceedings is the document which enables the defendant to assert his rights in legal proceedings
Right to refuse does not apply to annexes of documentary evidence
The fact that a language is chosen does not give rise to the presumption of knowledge of that language
Right to refuse may not be invoked in cases where it was agreed that correspondence shall be in that language

17. Case Law of the ECJ
ECJ, , C-564/07, ECR 2009,I-100 (Commission vs. Austria)
The obligation to appoint a service agent in a Member State is violation of EU law
ECJ, , C-14/08, ECR 2009, I-5472 (Roda Golf & Beach)
Reg. is applicable to extrajudicial documents
ECJ, , C-233/08, ECR 2010, I-193 (Kyrian)
Right to refuse is not a directly applicable concept outside the scope of the Service Reg.
It is to the national courts to apply national provisions with a similar content

18. Case Law of the ECJ
ECJ, , C-292/10, OJ C 133/5 of (de Visser)
The service Reg. is not applicable where the address of the person is not know
Court has to take appropriate measures to trace the defendant
ECJ, , C-325/11, ECLI:EU:C:2012:824 (Alder)
The service Reg. has only two exceptions and precludes forms of notional service

19. Case Law of the ECJ
ECJ, , C-226/13, ECLI:EU:C:2015:383 (Fahnenbrock)
“civil and commercial matters” must be interpreted autonomously
The court is limited to a preliminary review based on the limited information brought by the parties
The fact that a possibility was introduced by law does not characterize the act as an authority by the state
ECJ, , C-519/13, ECLI:EU:C:2015:603 (Alpha Bank)
Receiving agency is obliged to enclose the standard form set out in Annex II of the Reg.
Receiving agency is required to send the form in Annex II without delay to the addressee
The service as such is however not invalid

20. Case Law of the ECJ
ECJ, , C-223/14, ECLI:EU:C:2015:744 (Tecom Mican)
Concept of “extrajudicial documents” shall be given a broad definition and cannot be limited to documents that are connected to legal proceedings
This concept covers as well private documents which must be transmitted to an addressee abroad necessary for the exercising of a right
Service based on the Reg. remains valid even where an earlier transmission has already been effected by other means
There is no obligation to examine whether the service has cross-border implications and is necessary for the proper functioning of the internal market

21. Case Law of the ECJ
ECJ, , C-384/14, ECLI:EU:C:2016:316 (Alta Realitat)
It is important to ensure that the addressee not only receives the document, but is also able to understand the meaning and scope of the action
It is for the national court to rule whether a refusal was justified
However, such an examination may only be performed after the addressee has exercised his right
ECJ, , C-70/15, ECLI:EU:C:2016:524 (Lebek)
The period laid down in article 19 IV Reg. is bounding even if there is a longer period laid down in national provisions
ECJ, , C-354/15, ECLI:EU:C:2017:157 (Henderson)
Consequence of the omission of the standard form is not the invalidity of the service
Acknowledgment of receipt of a registered letter can be replaced by another document, provided that such document provides equivalent guarantees
Service not to the addressee is valid as long as it took place on an adult inside the habitual residence of the addressee

22. Own Practical Experience
Language problems
Knowledge of courts
Duration
Costs

23. Conclusion
Service Regulation is a very useful instrument for the cross border service of documents
There are still problems regarding the cross border service
Time
Language
Costs

24. Questions

25. Bavelaar & Bavelaar Advocaten Rechtsanwälte
Thank you !
Bavelaar & Bavelaar Advocaten Rechtsanwälte
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