Regulation 2020/1784 - Service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
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)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/1784 |
| Original proposal | COM(2018)379  |
| CELEX number i | 32020R1784 |
| Document | 25-11-2020; Date of signature |
|---|---|
| Publication in Official Journal | 02-12-2020; OJ L 405 p. 40-78 |
| Signature | 25-11-2020 |
| Effect | 01-01-1001; Application Partial application See Art 37.2 22-12-2020; Entry into force Date pub. +20 See Art 37.1 01-07-2022; Application See Art 37.1 |
| Deadline | 01-01-1001; At the latest See Art 35 23-03-2022; See Art 25.2 02-07-2023; See Art 34.1 02-07-2026; At the latest See Art 34.2 |
| End of validity | 31-12-9999 |
2.12.2020 |
EN |
Official Journal of the European Union |
L 405/40 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EC) No 1393/2007 of the European Parliament and of the Council (3) has been amended before. Since further substantial amendments are to be made, that Regulation should be recast in the interests of clarity. |
(2) |
The Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice in which the free movement of persons is ensured. To establish such an area, the Union is to adopt, among other measures, measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market. |
(3) |
For the purposes of the proper functioning of the internal market and the development of an area of civil justice in the Union, it is necessary to further improve and expedite the transmission and service of judicial and extrajudicial documents between the Member States in civil and commercial matters, while ensuring a high level of security and protection in the transmission of such documents, safeguarding the rights of addressees and protecting privacy and personal data. This Regulation seeks to improve the effectiveness and speed of judicial procedures by simplifying and streamlining them as regards the service of judicial and extrajudicial documents in the Union, while at the same time helping to reduce delays and costs for individuals and businesses. Providing greater legal certainty and simpler, streamlined and digitalised procedures, will encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and thus the functioning of the internal market. |
(4) |
This Regulation lays down rules on the service of judicial and extrajudicial documents in the Member States in civil or commercial matters. It should not apply to the service of judicial and extrajudicial documents in other matters such as revenue, customs or administrative matters. |
(5) |
Cross-border service should be construed as service from one Member State to another Member State. |
(6) |
This Regulation should not apply to the service of documents on a party’s authorised representative in the forum Member State, but should apply to the service of any document on a party in another Member State if such service is required under the law of the forum Member State, irrespective of whether the document has been served on the party’s representative. |
(7) |
Where an addressee has no known address for service in the forum Member State, but has one or more known addresses for service in one or more other Member States, the document should be transmitted to such other Member State for service under this Regulation. This situation should not be construed as domestic service within the forum Member State. In particular, the document should not be served on the addressee by a fictitious method of service, such as service by posting an announcement on the court notice board or by depositing the document in the court... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.