Annexes to COM(2018)379 - Amendment of Regulation 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) - Main contents
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dossier | COM(2018)379 - Amendment of Regulation 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or ... |
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document | COM(2018)379 |
date | November 25, 2020 |
FORM A
REQUEST FOR SERVICE OF DOCUMENTS
(Article 8(2) of 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) (1))
Reference No of the transmitting agency:
1. TRANSMITTING AGENCY
1.1. | Identity: |
1.2. | Address:
|
1.3. | Tel. |
1.4. | Fax ((*)): |
1.5. | Email: |
2. RECEIVING AGENCY
2.1. | Identity: |
2.2. | Address:
|
2.3. | Tel. |
2.4. | Fax ((*)): |
2.5. | Email: |
3. APPLICANT(S) (2)
3.1. | Identity: |
3.2. | Address:
|
3.3. | Tel. ((*)): |
3.4. | Fax ((*)): |
3.5. | Email ((*)): |
4. ADDRESSEE
4.1. | Identity:
|
4.2. | Address
|
4.3. | Tel. ((*)): |
4.4. | Fax ((*)): |
4.5. | Email ((*)): |
4.6. | Identification number/social security number/organisation number/or equivalent ((*)): |
4.7. | Any other information relating to the addressee ((*)): |
5. METHOD OF SERVICE
5.1. | In accordance with the law of the Member State addressed ☐ |
5.2. | By the following particular method ☐
|
6. DOCUMENT TO BE SERVED
6.1. | Nature of the document:
|
6.2. | Date or time limit after which service is no longer necessary ((*)): … (day) … (month) … (year) |
6.3. | Language of document:
|
6.4. | Number of enclosures: |
7. LANGUAGE OF INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE THE DOCUMENT
For the purposes of Article 12(2) of Regulation (EU) 2020/1784, please indicate in which of the following languages, in addition to the language of the Member State addressed, the information is to be provided:
7.1. | Official language or one of the official languages of the Member State of origin (3): BG ☐, ES ☐, CZ ☐, DE ☐, ET ☐, EL ☐, EN ☐, FR ☐, GA ☐, HR ☐, IT ☐, LV ☐, LT ☐, HU ☐, MT ☐, NL ☐, PL ☐, PT ☐, RO ☐, SK ☐, SL ☐, FI ☐, SV ☐ |
7.2. | Official language of another Member State the addressee might understand: BG ☐, ES ☐, CZ ☐, DE ☐, ET ☐, EL ☐, EN ☐, FR ☐, GA ☐, HR ☐, IT ☐, LV ☐, LT ☐, HU ☐, MT ☐, NL ☐, PL ☐, PT ☐, RO ☐, SK ☐, SL ☐, FI ☐, SV ☐ |
8. A COPY OF THE DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 5(4) of Regulation (EU) 2020/1784)
8.1. | Yes (in this case, send two copies of the document to be served) ☐ |
8.2. | No ☐ |
9. REASONS FOR NOT TRANSMITTING THROUGH THE DECENTRALISED IT SYSTEM (Article 5(4) of Regulation (EU) 2020/1784) (4)
Electronic transmission was not possible due to:
☐ | disruption of the decentralised IT system |
☐ | exceptional circumstances
|
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM B (5)
REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED
(Article 7(1)(a) of 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) (6) (7)
Reference No of the transmitting agency:
1. TRANSMITTING AGENCY
1.1. | Identity: |
1.2. | Address:
|
1.3. | Tel. ((*)): |
1.4. | Fax ((*)): |
1.5. | Email: |
2. REQUESTED AUTHORITY
2.1. | Identity: |
2.2. | Address:
|
2.3. | Tel. ((*)): |
2.4. | Fax ((*)): |
2.5. | Email: |
3. ADDRESSEE
3.1. | Identity: |
3.2. | Last known address:
|
3.3. | Known personal details of the addressee (if natural person), if available:
|
3.4. | Known details of the addressee (if legal person), if available:
|
3.5. | Tel. ((*)): |
3.6. | Fax ((*)): |
3.7. | Email ((*)): |
3.8. | Other information, if available: |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM C (8)
REPLY TO THE REQUEST TO DETERMINE THE ADDRESS OF THE PERSON TO BE SERVED
(Article 7(1)(a) of 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) (9) (10)
Reference No of the requested authority:
Reference No of the transmitting agency:
1. ADDRESSEE
1.1. | Identity: |
1.2. | Known address:
|
1.3. | No address could be determined ☐ |
1.4. | Other information: |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM D
ACKNOWLEDGEMENT OF RECEIPT
(Article 10(1) of 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) (11))
This acknowledgement of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (12)
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. DATE OF RECEIPT:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM E
REQUEST FOR ADDITIONAL INFORMATION OR DOCUMENTS FOR THE SERVICE OF DOCUMENTS
(Article 10(2) 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) (13))
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. | The request cannot be executed without the following additional information:
|
2. | The request cannot be executed without the following documents:
|
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM F
NOTICE OF RETURN OF REQUEST AND DOCUMENT
(Article 10(3) of 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) (14)
The request and document must be returned on receipt.
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. REASON FOR RETURN:
1.1. | The request is manifestly outside the scope of the Regulation:
|
1.2. | Non-compliance with the formal conditions required makes service impossible:
|
1.3. | The method of service is incompatible with the law of the Member State addressed (Article 11(1) of Regulation (EU) 2020/1784) ☐ |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM G
NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY
(Article 10(4) of 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) (15))
The request and document were forwarded to the following receiving agency, which has territorial jurisdiction to serve it:
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. APPROPRIATE RECEIVING AGENCY
1.1. | Identity: |
1.2. | Address:
|
1.3. | Tel. |
1.4. | Fax ((*)): |
1.5. | Email: |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM H
ACKNOWLEDGMENT OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY HAVING TERRITORIAL JURISDICTION TO THE TRANSMITTING AGENCY
(Article 10(4) of 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) (16)
This acknowledgment of receipt should be sent through the decentralised IT system or otherwise as soon as possible after receipt of the document and in any event within seven days of receipt. (17)
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
DATE OF RECEIPT:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM I (18)
REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS
(Article 11(2) of 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) (19))
Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency.
Reference No of the transmitting agency:
Reference No of the receiving agency (if available):
1. THE REQUEST WAS SENT BUT NO INFORMATION ON SERVICE OR NON-SERVICE HAS BEEN RECEIVED
1.1. | The request was sent ☐ date: … |
1.2. | The acknowledgement of receipt was received ☐ date: … |
1.3. | Other information was received ☐ |
2. TRANSMITTING AGENCY
2.1. | Identity: Items 2.2 to 2.6 are optional when a copy of the request for service of documents is attached: |
2.2. | Address:
|
2.3. | Country: |
2.4. | Tel. |
2.5. | Fax ((*)): |
2.6. | Email: |
3. RECEIVING AGENCY
3.1. | Identity: These items are optional when a copy of the request for service of documents is attached: |
3.2. | Address:
|
3.3. | Country: |
3.4. | Tel. |
3.5. | Fax ((*)): |
3.6. | Email: |
4. ADDRESSEE
4.1. | Identity:
|
These items are optional when a copy of the request for service of documents is attached:
4.2. | Address:
|
4.3. | Tel. ((*)): |
4.4. | Fax ((*)): |
4.5. | Email ((*)): |
4.6. | Identification number/social security number/organisation number/or equivalent ((*)): |
4.7. | Any other information relating to the addressee ((*)): |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM J (20)
REPLY TO REQUEST FOR INFORMATION ON SERVICE OR NON-SERVICE OF DOCUMENTS
(Article 11(2) of 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) (21)
Reference No of the requested authority:
Reference No of the transmitting agency:
Addressee:
1. INFORMATION ON STATUS OF SERVICE OF DOCUMENT
1.1. | The request was not received ☐ |
1.2. | The request cannot be executed within one month of receipt for the following reasons:
|
1.3. | It is estimated that the request will be executed by … |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM K
CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS
(Articles 11(2), 12(4) and 14 of 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) (22))
Service shall be effected as soon as possible. If it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency (Article 11(2) of Regulation (EU) 2020/1784)
Reference No of the transmitting agency:
Reference No of the receiving agency:
Addressee:
1. COMPLETION OF SERVICE (Article 14)
1.1. | Date and address of service |
1.2. | The document was
|
1.3. | The addressee of the document was informed, in accordance with Article 12(2) of Regulation (EU) 2020/1784, in writing that the addressee may refuse to accept the document if it is not written in or accompanied by a translation into either a language which he or she understands or the official language or one of the official languages of the place of service. |
2. INFORMATION IN ACCORDANCE WITH ARTICLE 11(2) OF REGULATION (EU) 2020/1784
It was not possible to effect service within one month of receipt ☐
3. REFUSAL OF DOCUMENT (Article 12(4) of Regulation (EU) 2020/1784)
3.1. | The addressee refused to accept the document due to the language used ☐
|
3.2. | The document is annexed to this certificate.
|
4. REASON FOR NON-SERVICE OF DOCUMENT
4.1. | Address unknown
|
4.2. | Addressee cannot be located ☐ |
4.3. | Document could not be served before the date or time limit stated in item 6.2 in the request for service of documents (Form A) ☐ |
4.4. | Other (please specify) ☐ |
4.5. | The document is annexed to this certificate yes ☐ no ☐ |
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM L
INFORMATION TO THE ADDRESSEE ABOUT THE RIGHT TO REFUSE TO ACCEPT A DOCUMENT
(Article 12(2) and (3) of 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) (25))
Addressee:
I. INFORMATION TO THE ADDRESSEE
The enclosed document is served in accordance with Regulation (EU) 2020/1784
You may refuse to accept the enclosed document if it is not written in or accompanied by a translation into either a language which you understand or the official language or one of the official languages of the place of service.
If you wish to exercise this right, you must refuse to accept the document at the time of service directly with the person serving the document or within two weeks of service by returning, to the address indicated below, this form completed by you, or a written declaration indicating that you refuse to accept the enclosed document because of the language in which it was provided.
Please note that if you refuse to accept the enclosed document but the court or authority seised of the legal proceedings in the course of which the service became necessary subsequently decides that the refusal was not justified, it may apply legal consequences provided for by the law of the forum Member State, such as deeming the service valid, for unjustified refusals.
II. ADDRESS TO WHICH THE FORM SHOULD BE RETURNED (26):
1. | Identity: |
2. | Address:
|
3. | Reference No: |
4. | Tel. |
5. | Fax ((*)): |
6. | Email: |
III. DECLARATION OF THE ADDRESSEE (27):
I refuse to accept the document because it is not written in, or accompanied by a translation into, either a language which I understand or the official language or one of the official languages of the place of service.
I understand the following language(s):
Bulgarian | ☐ | Lithuanian | ☐ |
Spanish | ☐ | Hungarian | ☐ |
Czech | ☐ | Maltese | ☐ |
German | ☐ | Dutch | ☐ |
Estonian | ☐ | Polish | ☐ |
Greek | ☐ | Portuguese | ☐ |
English | ☐ | Romanian | ☐ |
French | ☐ | Slovak | ☐ |
Irish | ☐ | Slovenian | ☐ |
Croatian | ☐ | Finnish | ☐ |
Italian | ☐ | Swedish | ☐ |
Latvian | ☐ |
Other ☐ (please specify): …
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
(1) OJ L 405, 2.12.2020, p. 40.
((*)) This item is optional.
(2) Where there is more than one applicant, please provide information as set out in items 3.1 to 3.5.
(3) This item applies only to the MS which have several official languages.
(4) This item only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.
(5) The use of this form is optional.
(6) OJ L 405, 2.12.2020, p. 40.
(7) This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784.
((*)) This item is optional.
(8) The use of this form is optional.
(9) OJ L 405, 2.12.2020, p. 40.
(10) This form applies only to the Member States which provide assistance in accordance with Article 7(1)(a) of Regulation (EU) 2020/1784.
(11) OJ L 405, 2.12.2020, p. 40.
(12) The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.
(13) OJ L 405, 2.12.2020, p. 40.
((*)) This item is optional.
(14) OJ L 405, 2.12.2020, p. 40.
(15) OJ L 405, 2.12.2020, p. 40.
((*)) This item is optional.
(16) OJ L 405, 2.12.2020, p. 40.
(17) The obligation to send the acknowledgement through the decentralised IT system only applies from the date of application of the decentralised IT system in accordance with Article 37(2) of Regulation (EU) 2020/1784.
(18) The use of this form is optional.
(19) OJ L 405, 2.12.2020, p. 40.
((*)) This item is optional.
(20) The use of this form is optional.
(21) OJ L 405, 2.12.2020, p. 40.
(22) OJ L 405, 2.12.2020, p. 40.
(23) Address established by the receiving agency in accordance with Article 7(2)(c) of Regulation (EU) 2020/1784.
(24) This item applies only to the MS which provide the assistance in accordance with Article 7(2)(c) of Regulation (EU) 2020/1784.
(25) OJ L 405, 2.12.2020, p. 40.
(26) To be filled in by the authority effecting the service.
((*)) This item is optional.
(27) To be filled in and signed by the addressee.
ANNEX II
Repealed Regulation with list of the successive amendments thereto
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, p. 79). | |
Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 1). | Only amendments to Annexes I and II to Regulation (EC) No 1393/2007 |
ANNEX III
CORRELATION TABLE
Regulation (EC) No 1393/2007 | This Regulation |
Article 1(1) | Article 1(1) |
Article 1(2) | Article 1(2) |
Article 1(3) | - |
- | Article 1(3) |
- | Article 2 |
Article 2 | Article 3 |
Article 3 | Article 4 |
- | Article 5(2), (3) and (4) |
- | Article 6 |
- | Article 7 |
Article 4(1) | Article 8(1) |
Article 4(2) | Article 5(1) |
Article 4(3) | Article 8(2) |
Article 4(4) | Article 8(3) |
Article 4(5) | Article 8(4) |
Article 5 | Article 9 |
Article 6 | Article 10 |
Article 7 | Article 11 |
Article 8(1) | Article 12(1), (2) and (3) |
Article 8(2) | Article 12(4) |
Article 8(3) | Article 12(5) |
Article 8(4) | Article 12(6) |
Article 8(5) | Article 12(7) |
Article 9 | Article 13 |
Article 10 | Article 14 |
Article 11 | Article 15 |
Article 12 | Article 16 |
Article 13 | Article 17 |
Article 14 | Article 18 |
- | Article 19 |
Article 15 | Article 20(1) |
- | Article 20(2) |
Article 16 | Article 21 |
Article 17 | Article 23 |
- | Article 24 |
- | Article 25 |
Article 18 | Article 26 |
- | Article 27 |
- | Article 28 |
Article 19 | Article 22 |
Article 20 | Article 29 |
Article 21 | Article 30 |
- | Article 31(1) |
- | Article 31(2) |
Article 22(1) | Article 31(3) |
Article 22(2) | Article 31(4) |
Article 22(3) | Article 31(5) |
Article 22(4) | Article 31(6) |
- | Article 32 |
Article 23(1) | Article 33(1) |
- | Article 33(2) |
Article 23(2) | Article 33(3) |
Article 23(3) | Article 33(4) |
- | Article 34 |
Article 24 | Article 35(1) |
- | Article 35(2) |
Article 25 | Article 36 |
Article 26 | Article 37 |
Annex I | Annex I |
Annex II | Annex I |
- | Annex II |
Annex III | Annex III |