Annexes to COM(1999)219 - Service in the Member States of judicial and extrajudicial documents in civil or commercial matters - Main contents
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| dossier | COM(1999)219 - Service in the Member States of judicial and extrajudicial documents in civil or commercial matters. |
|---|---|
| document | COM(1999)219  |
| date | May 29, 2000 |
REQUEST FOR SERVICE OF DOCUMENTS
(Article 4(3) of the Directive)
Reference No. . (*) This item is optional
1. TRANSMITTING AGENCY
1.1. Identity: .
1.2. Address:
1.2.1. Street and Number/PO Box: .
1.2.2. Place and Code: .
1.2.3. Country: .
1.3. Tel. No.: .
1.4. Fax No.: (*) .
1.5. E-mail (*): .
2. RECEIVING AGENCY
2.1. Identity: .
2.2. Address:
2.2.1. Street and Number/PO Box: .
2.2.2. Place and Code: .
2.2.3. Country: .
2.3. Tel. No.: .
2.4. Fax No.: (*) .
2.5. E-mail (*): .
3. APPLICANT
3.1. Identity: .
3.2. Address:
3.2.1. Street and Number/PO Box: .
3.2.2. Place and Code: .
3.2.3. Country: .
3.3. Tel. No.: (*) .
3.4. Fax No.: (*) .
3.5. E-mail (*): .
4. ADDRESSEE
4.1. Identity: .
4.2. Address:
4.2.1. Street and Number/PO Box: .
4.2.2. Place and Code: .
4.2.3. Country: .
4.3. Tel. No.: (*) .
4.4. Fax No.: (*) .
4.5. E-mail (*): .
4.6. Identification number/social security number/organisation number/or equivalent (*):.
5. METHOD OF SERVICE
5.1. In accordance with the law of the Member State addressed
5.2. By the following particular method: .
5.2.1. If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law:
5.2.1.1. yes
5.2.1.2. no
6. DOCUMENT TO BE SERVED
(a) 6.1. Nature of the document
6.1.1. Judicial
6.1.1.1. writ of summons
6.1.1.2. judgment
6.1.1.3. appeal
6.1.1.4. other: .
6.1.2 Extrajudicial
(b) 6.2. Date or time-limit stated in the document (*):
(c) 6.3. Language of document:
6.3.1. original D EN DK ES FIN FR GR IT NL P S others: .
6.3.2. translation (*) D EN DK ES FIN FR GR IT NL P S others: .
(d) 6.4. Number of enclosures: .
7. A COPY OF DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 4 (5) of the Directive)
7.1. Yes (in this case send two copies of the document to be served)
7.2 No
1. You are required by Article 7(2) of the Directive to effect all steps required for service of the document as soon as possible. In any event, if it is not possible for you to effect service within one month of receipt, you must inform this Agency by means of the certificate provided for in point 13.
2. If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 6(2) of the Directive to contact this Agency by the swiftest possible means in order to secure the missing information or document.
Done at: .,
Date: .
Signature and/or stamp: .
Reference No. of the receiving agency: .
ACKNOWLEDGEMENT OF RECEIPT
(Article 6 (1) of the Directive)
This acknowledgement must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.
8. DATE OF RECEIPT: .
Done at: .,
Date: .
Signature and/or stamp: .
NOTICE OF RETURN OF REQUEST AND DOCUMENT
(Article 6(3) of the Directive)
The request and document must be returned on receipt.
9. REASON FOR RETURN: .
9.1. The request is manifestly outside the scope of the Directive:
9.1.1. the document is not civil or commercial.
9.1.2. the service is not from one Member State to another Member State
9.2. Non-compliance with formal conditions required makes service impossible:
9.2.1. the document is not easily legible
9.2.2. the language used to complete the form is incorrect
9.2.3. the document received is not a true and faithful copy
9.2.4. other (please give details): .
9.3. The method of service is incompatible with the law of that Member State (Article 7 (1) of the Directive)
Done at: .,
Date: .
Signature and/or stamp: .
NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT
TO THE APPROPRIATE RECEIVING AGENCY
(Article 6(4) of the Directive)
The request and document were forwarded on to the following receiving agency, which has territorial jurisdiction to serve it:
10.1. IDENTITY: .
10.2. Address:
10.2.1. Street and Number/PO Box: .
10.2.2. Place and Code: .
10.2.3. Country: .
10.3. Tel. No.: .
10.4. Fax No. (*): .
10.5. E-mail (*): .
Done at: .,
Date: .
Signature and/or stamp: .
Reference No of the appropriate receiving agency: .
NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY TO THE TRANSMITTING AGENCY
(Article 6(4) of the Directive)
This notice must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt.
11. DATE OF RECEIPT: .
Done at: .,
Date: .
Signature and/or stamp: .
CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS
(Article 10 of the Directive)
The service shall be effected as soon as possible. In any event, if it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency (according to Article 7(2) of the Directive).
12. COMPLETION OF SERVICE
(a) 12.1. Date and address of service: .
(b) 12.2. The document was
(A) 12.2.1. served in accordance with the law of the Member State addressed, namely
12.2.1.1. handed to
12.2.1.1.1. the addressee in person
12.2.1.1.2. another person
12.2.1.1.2.1. Name: .
12.2.1.1.2.2. Address: .
12.2.1.1.2.2.1. Street and Number/PO Box: .
12.2.1.1.2.2.2. Place and Code: .
12.2.1.1.2.2.3. Country: .
12.2.1.1.2.3. Relation to the addressee:
Family Employee Others
12.2.1.1.3. the addressee's address
12.2.1.2. served by post
12.2.1.2.1. without acknowledgement of receipt
12.2.1.2.2. with the enclosed acknowledgement of receipt
12.2.1.2.2.1. from the addressee
12.2.1.2.2.2. another person
12.2.1.2.2.2.1. Name: .
12.2.1.2.2.2.2. Address: .
12.2.1.2.2.2.2.1. Street and Number/PO Box: .
12.2.1.2.2.2.2.2. Place and Code: .
12.2.1.2.2.2.2.3. Country: .
12.2.1.2.2.2.3. Relation to the addressee:
Family Employee Others
12.2.1.3. other method (please say how) .
(B) 12.2.2. served by the following particular method (please say how): .
(c) 12.3. The addressee of the document was informed (orally) (in writing) that he or she may refuse to accept it if it was not in an official language of the place of service or in an official language of the state of transmission which he or she understands.
13. INFORMATION IN ACCORDANCE WITH ARTICLE 7(2)
It was not possible to effect service within one month of receipt.
14. REFUSAL OF DOCUMENT
The addressee refused to accept the document on account of the language used. The documents are annexed to this certificate.
15. REASON FOR NON-SERVICE OF DOCUMENT
15.1. Address unknown
15.2. Addressee cannot be located
15.3. Document could not be served before the date or time-limit stated in point 6.2.
15.4 Others (please specify): .
The documents are annexed to this certificate.
Done at: .,
Date: .
Signature and/or stamp: .
FINANCIAL STATEMENT
1. Title of operation
Proposal for a Council Directive on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters
2. Budget heading involved
B5-800
3. Legal basis
Article 61(c)
4. Description of operation
4.1 General objective
The objectives of the proposal are to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters in the internal market. These objectives are part of the Union's objective of establishing an area of freedom, security and justice.
4.2 Period covered and arrangements for renewal
Indefinite
5. Classification of expenditure or revenue
5.1 NCE (non-compulsory expenditure)
5.2 DA (dissociated appropriations)
6. Type of expenditure
Public contract
7. Financial impact (Part B)
EUR thousand
>TABLE>
8. Fraud prevention measures
The provisions governing the award, control and audit of public contracts will apply.
9. Elements of cost-effectiveness analysis
9.1 Specific and quantified objectives; target population
All operators and individuals will enjoy the benefit of the Directive as the purpose is to establish an area of freedom, security and justice in which the free movement of persons is assured and litigants can assert their rights, enjoying facilities equivalent to those they enjoy in the courts of their own country.
9.2 Grounds for the operation
The transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States is essential for the sound operation of procedures and must be effected in the right conditions.
To ensure that in practice the bodies empowered to transmit and receive judicial documents to and from other Member States are in a position to perform their function easily and without delays, the Directive provides for the preparation of a manual of information supplied by the Member States and a glossary of documents that may require to be served in all the official languages.
The Directive provides for an advisory committee to assist the Commission in preparing implementing measures.
9.3 Monitoring and evaluation of the operation
Article 23 of the proposed Directive requires the Commission to report to the European Parliament and the Council on its operation, no later than three years after the date of its adoption.
10. Administrative expenditure (Section III, Part A of the budget)
Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional amounts authorised by the budgetary authority.
10.1 Effect on the number of posts
>TABLE>
10.2 Overall financial impact of additional human resources
EUR
>TABLE>
10.3 Increase in other administrative expenditure as a result of the operation
EUR thousand
>TABLE>
This expenditure will be covered from the resources of the relevant Directorate-General.