What changed, Regulation (EC) No 1393/2007

+ ## CHAPTER I — GENERAL PROVISIONS
− ### art_1
+ ### Article 1 — Scope
− Article 1
+ **1.** This Regulation shall apply in civil and commercial matters where a judicial or extrajudicial document has to be transmitted from one Member State to another for service there. It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for act…
− 1. This Regulation shall apply in civil and commercial matters where a judicial or extrajudicial document has to be transmitted from one Member State to another for service there. It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions…
+ **2.** This Regulation shall not apply where the address of the person to be served with the document is not known.
− 2. This Regulation shall not apply where the address of the person to be served with the document is not known.
+ **3.** In this Regulation, the term ‘Member State’ shall mean the Member States with the exception of Denmark.
− 3. In this Regulation, the term ‘Member State’ shall mean the Member States with the exception of Denmark.
+ ### Article 2 — Transmitting and receiving agencies
− ### art_2
+ **1.** Each Member State shall designate the public officers, authorities or other persons, hereinafter referred to as ‘transmitting agencies’, competent for the transmission of judicial or extrajudicial documents to be served in another Member State.
− Article 2
+ **2.** Each Member State shall designate the public officers, authorities or other persons, hereinafter referred to as ‘receiving agencies’, competent for the receipt of judicial or extrajudicial documents from another Member State.
− 1. Each Member State shall designate the public officers, authorities or other persons, hereinafter referred to as ‘transmitting agencies’, competent for the transmission of judicial or extrajudicial documents to be served in another Member State.
+ **3.** A Member State may designate one transmitting agency and one receiving agency, or one agency to perform both functions. A federal State, a State in which several legal systems apply or a State with autonomous territorial units shall be free to designate more than one such agency. The designat…
− 2. Each Member State shall designate the public officers, authorities or other persons, hereinafter referred to as ‘receiving agencies’, competent for the receipt of judicial or extrajudicial documents from another Member State.
− 
− 3. A Member State may designate one transmitting agency and one receiving agency, or one agency to perform both functions. A federal State, a State in which several legal systems apply or a State with autonomous territorial units shall be free to designate more than one such agency. The designation …
+ **4.** Each Member State shall provide the Commission with the following information:(a) the names and addresses of the receiving agencies referred to in paragraphs 2 and 3;(b) the geographical areas in which they have jurisdiction;(c) the means of receipt of documents available to them; and(d) the …
− 4. Each Member State shall provide the Commission with the following information:
− 
− | (a) | the names and addresses of the receiving agencies referred to in paragraphs 2 and 3; |
− | --- | --- |
+ ### Article 3 — Central body
− | (b) | the geographical areas in which they have jurisdiction; |
− | --- | --- |
− 
− | (c) | the means of receipt of documents available to them; and |
− | --- | --- |
− 
− | (d) | the languages that may be used for the completion of the standard form set out in Annex I. |
− | --- | --- |
− 
− Member States shall notify the Commission of any subsequent modification of such information.
− 
− ### art_3
− 
− Article 3
+ (a) supplying information to the transmitting agencies;
− | (a) | supplying information to the transmitting agencies; |
− | --- | --- |
+ (b) seeking solutions to any difficulties which may arise during transmission of documents for service;
− | (b) | seeking solutions to any difficulties which may arise during transmission of documents for service; |
− | --- | --- |
+ (c) forwarding, in exceptional cases, at the request of a transmitting agency, a request for service to the competent receiving agency.
− | (c) | forwarding, in exceptional cases, at the request of a transmitting agency, a request for service to the competent receiving agency. |
− | --- | --- |
+ ## CHAPTER II — JUDICIAL DOCUMENTS / Section 1 — Transmission and service of judicial documents
− ### art_4
+ ### Article 4 — Transmission of documents
− Article 4
+ **1.** Judicial documents shall be transmitted directly and as soon as possible between the agencies designated pursuant to Article 2.
− 1. Judicial documents shall be transmitted directly and as soon as possible between the agencies designated pursuant to Article 2.
+ **2.** The transmission of documents, requests, confirmations, receipts, certificates and any other papers between transmitting agencies and receiving agencies may be carried out by any appropriate means, provided that the content of the document received is true and faithful to that of the document…
− 2. The transmission of documents, requests, confirmations, receipts, certificates and any other papers between transmitting agencies and receiving agencies may be carried out by any appropriate means, provided that the content of the document received is true and faithful to that of the document for…
+ **3.** The document to be transmitted shall be accompanied by a request drawn up using the standard form set out in Annex I. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or o…
− 3. The document to be transmitted shall be accompanied by a request drawn up using the standard form set out in Annex I. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one o…
+ **4.** The documents and all papers that are transmitted shall be exempted from legalisation or any equivalent formality.
− 4. The documents and all papers that are transmitted shall be exempted from legalisation or any equivalent formality.
+ **5.** When the transmitting agency wishes a copy of the document to be returned together with the certificate referred to in Article 10, it shall send the document in duplicate.
− 5. When the transmitting agency wishes a copy of the document to be returned together with the certificate referred to in Article 10, it shall send the document in duplicate.
+ ### Article 5 — Translation of documents
− ### art_5
+ **1.** The applicant shall be advised by the transmitting agency to which he forwards the document for transmission that the addressee may refuse to accept it if it is not in one of the languages provided for in Article 8.
− Article 5
+ **2.** The applicant shall bear any costs of translation prior to the transmission of the document, without prejudice to any possible subsequent decision by the court or competent authority on liability for such costs.
− 1. The applicant shall be advised by the transmitting agency to which he forwards the document for transmission that the addressee may refuse to accept it if it is not in one of the languages provided for in Article 8.
+ ### Article 6 — Receipt of documents by receiving agency
− 2. The applicant shall bear any costs of translation prior to the transmission of the document, without prejudice to any possible subsequent decision by the court or competent authority on liability for such costs.
+ **1.** On receipt of a document, a receiving agency shall, as soon as possible and in any event within seven days of receipt, send a receipt to the transmitting agency by the swiftest possible means of transmission using the standard form set out in Annex I.
− ### art_6
+ **2.** Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact the transmitting agency by the swiftest possible means in order to secure the missing information or documents.
− Article 6
+ **3.** If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency, together with the notice of ret…
− 1. On receipt of a document, a receiving agency shall, as soon as possible and in any event within seven days of receipt, send a receipt to the transmitting agency by the swiftest possible means of transmission using the standard form set out in Annex I.
+ **4.** A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it, as well as the request, to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4…
− 2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact the transmitting agency by the swiftest possible means in order to secure the missing information or documents.
+ ### Article 7 — Service of documents
− 3. If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency, together with the notice of return …
+ **1.** The receiving agency shall itself serve the document or have it served, either in accordance with the law of the Member State addressed or by a particular method requested by the transmitting agency, unless that method is incompatible with the law of that Member State.
− 4. A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it, as well as the request, to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(3) …
+ **2.** The receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible to effect service within one month of receipt, the receiving agency shall:(a) immediately inform the transmi…
− ### art_7
+ ### Article 8 — Refusal to accept a document
− Article 7
+ **1.** The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he may refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week if it is not written in, or accompanied by a transla…
− 1. The receiving agency shall itself serve the document or have it served, either in accordance with the law of the Member State addressed or by a particular method requested by the transmitting agency, unless that method is incompatible with the law of that Member State.
+ **2.** Where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraph 1, it shall immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request and the documents of which a translation i…
− 2. The receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt. If it has not been possible to effect service within one month of receipt, the receiving agency shall:
+ **3.** If the addressee has refused to accept the document pursuant to paragraph 1, the service of the document can be remedied through the service on the addressee in accordance with the provisions of this Regulation of the document accompanied by a translation into a language provided for in parag…
− | (a) | immediately inform the transmitting agency by means of the certificate in the standard form set out in Annex I, which shall be drawn up under the conditions referred to in Article 10(2); and |
− | --- | --- |
+ **4.** Paragraphs 1, 2 and 3 shall also apply to the means of transmission and service of judicial documents provided for in Section 2.
− | (b) | continue to take all necessary steps to effect the service of the document, unless indicated otherwise by the transmitting agency, where service seems to be possible within a reasonable period of time. |
− | --- | --- |
+ **5.** For the purposes of paragraph 1, the diplomatic or consular agents, where service is effected in accordance with Article 13, or the authority or person, where service is effected in accordance with Article 14, shall inform the addressee that he may refuse to accept the document and that any d…
− ### art_8
+ ### Article 9 — Date of service
− Article 8
+ **1.** Without prejudice to Article 8, the date of service of a document pursuant to Article 7 shall be the date on which it is served in accordance with the law of the Member State addressed.
− 1. The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he may refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week if it is not written in, or accompanied by a translation…
+ **2.** However, where according to the law of a Member State a document has to be served within a particular period, the date to be taken into account with respect to the applicant shall be that determined by the law of that Member State.
− | (a) | a language which the addressee understands;or |
− | --- | --- |
+ **3.** Paragraphs 1 and 2 shall also apply to the means of transmission and service of judicial documents provided for in Section 2.
− | (b) | the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected. |
− | --- | --- |
+ ### Article 10 — Certificate of service and copy of the document served
− 2. Where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraph 1, it shall immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request and the documents of which a translation is re…
+ **1.** When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form set out in Annex I and addressed to the transmitting agency, together with, where Article 4(5) applies, a copy of the docume…
− 3. If the addressee has refused to accept the document pursuant to paragraph 1, the service of the document can be remedied through the service on the addressee in accordance with the provisions of this Regulation of the document accompanied by a translation into a language provided for in paragraph…
+ **2.** The certificate shall be completed in the official language or one of the official languages of the Member State of origin or in another language which the Member State of origin has indicated that it can accept. Each Member State shall indicate the official language or languages of the insti…
− 4. Paragraphs 1, 2 and 3 shall also apply to the means of transmission and service of judicial documents provided for in Section 2.
+ ### Article 11 — Costs of service
− 5. For the purposes of paragraph 1, the diplomatic or consular agents, where service is effected in accordance with Article 13, or the authority or person, where service is effected in accordance with Article 14, shall inform the addressee that he may refuse to accept the document and that any docum…
+ **1.** The service of judicial documents coming from a Member State shall not give rise to any payment or reimbursement of taxes or costs for services rendered by the Member State addressed.
− ### art_9
+ **2.** However, the applicant shall pay or reimburse the costs occasioned by:(a) recourse to a judicial officer or to a person competent under the law of the Member State addressed;(b) the use of a particular method of service.Costs occasioned by recourse to a judicial officer or to a person compete…
− Article 9
+ ## CHAPTER II — JUDICIAL DOCUMENTS / Section 2 — Other means of transmission and service of judicial documents
− 1. Without prejudice to Article 8, the date of service of a document pursuant to Article 7 shall be the date on which it is served in accordance with the law of the Member State addressed.
+ ### Article 12 — Transmission by consular or diplomatic channels
− 2. However, where according to the law of a Member State a document has to be served within a particular period, the date to be taken into account with respect to the applicant shall be that determined by the law of that Member State.
− 
− 3. Paragraphs 1 and 2 shall also apply to the means of transmission and service of judicial documents provided for in Section 2.
− 
− ### art_10
− 
− Article 10
− 
− 1. When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form set out in Annex I and addressed to the transmitting agency, together with, where Article 4(5) applies, a copy of the document s…
− 
− 2. The certificate shall be completed in the official language or one of the official languages of the Member State of origin or in another language which the Member State of origin has indicated that it can accept. Each Member State shall indicate the official language or languages of the instituti…
− 
− ### art_11
− 
− Article 11
− 
− 1. The service of judicial documents coming from a Member State shall not give rise to any payment or reimbursement of taxes or costs for services rendered by the Member State addressed.
− 
− 2. However, the applicant shall pay or reimburse the costs occasioned by:
− 
− | (a) | recourse to a judicial officer or to a person competent under the law of the Member State addressed; |
− | --- | --- |
− 
− | (b) | the use of a particular method of service. |
− | --- | --- |
− 
− Costs occasioned by recourse to a judicial officer or to a person competent under the law of the Member State addressed shall correspond to a single fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination. Member States shall commun…
− 
− ### art_12
− Article 12
− 
+ ### Article 13 — Service by diplomatic or consular agents
− ### art_13
+ **1.** Each Member State shall be free to effect service of judicial documents on persons residing in another Member State, without application of any compulsion, directly through its diplomatic or consular agents.
− Article 13
+ **2.** Any Member State may make it known, in accordance with Article 23(1), that it is opposed to such service within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate.
− 1. Each Member State shall be free to effect service of judicial documents on persons residing in another Member State, without application of any compulsion, directly through its diplomatic or consular agents.
+ ### Article 14 — Service by postal services
− 2. Any Member State may make it known, in accordance with Article 23(1), that it is opposed to such service within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate.
− ### art_14
− 
− Article 14
− 
− 
− ### art_15
+ ### Article 15 — Direct service
− Article 15
+ ## CHAPTER III — EXTRAJUDICIAL DOCUMENTS
− ### art_16
+ ### Article 16 — Transmission
− Article 16
+ ## CHAPTER IV — FINAL PROVISIONS
− ### art_17
+ ### Article 17 — Implementing rules
− Article 17
+ ### Article 18 — Committee
− ### art_18
+ **1.** The Commission shall be assisted by a committee.
− Article 18
+ **2.** Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
− 1. The Commission shall be assisted by a committee.
+ ### Article 19 — Defendant not entering an appearance
− 2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
+ **1.** Where a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that:(a) the document was served by a …
− ### art_19
+ **2.** Each Member State may make it known, in accordance with Article 23(1), that the judge, notwithstanding the provisions of paragraph 1, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled:(a) the document was transmitt…
− Article 19
+ **3.** Notwithstanding paragraphs 1 and 2, the judge may order, in case of urgency, any provisional or protective measures.
− 1. Where a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that:
+ **4.** When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defenda…
− | (a) | the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or |
− | --- | --- |
+ **5.** Paragraph 4 shall not apply to judgments concerning the status or capacity of persons.
− | (b) | the document was actually delivered to the defendant or to his residence by another method provided for by this Regulation; |
− | --- | --- |
+ ### Article 20 — Relationship with agreements or arrangements to which Member States are party
− and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend.
+ **1.** This Regulation shall, in relation to matters to which it applies, prevail over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States, and in particular Article IV of the Protocol to the Brussels Convention of 1968 and the Hague Conv…
− 2. Each Member State may make it known, in accordance with Article 23(1), that the judge, notwithstanding the provisions of paragraph 1, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled:
+ **2.** This Regulation shall not preclude individual Member States from maintaining or concluding agreements or arrangements to expedite further or simplify the transmission of documents, provided that they are compatible with this Regulation.
− | (a) | the document was transmitted by one of the methods provided for in this Regulation; |
− | --- | --- |
+ **3.** Member States shall send to the Commission:(a) a copy of the agreements or arrangements referred to in paragraph 2 concluded between the Member States as well as drafts of such agreements or arrangements which they intend to adopt; and(b) any denunciation of, or amendments to, these agreement…
− | (b) | a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; |
− | --- | --- |
+ ### Article 21 — Legal aid
− | (c) | no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities or bodies of the Member State addressed. |
− | --- | --- |
− 
− 3. Notwithstanding paragraphs 1 and 2, the judge may order, in case of urgency, any provisional or protective measures.
− 
− 4. When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant f…
− | (a) | the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal; and |
− | --- | --- |
− 
− | (b) | the defendant has disclosed a prima facie defence to the action on the merits. |
− | --- | --- |
− 
− An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment.
− 
− Each Member State may make it known, in accordance with Article 23(1), that such application will not be entertained if it is filed after the expiry of a time to be stated by it in that communication, but which shall in no case be less than one year following the date of the judgment.
− 
− 5. Paragraph 4 shall not apply to judgments concerning the status or capacity of persons.
− 
− ### art_20
− 
− Article 20
− 
− 1. This Regulation shall, in relation to matters to which it applies, prevail over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States, and in particular Article IV of the Protocol to the Brussels Convention of 1968 and the Hague Conventi…
− 
− 2. This Regulation shall not preclude individual Member States from maintaining or concluding agreements or arrangements to expedite further or simplify the transmission of documents, provided that they are compatible with this Regulation.
− 
− 3. Member States shall send to the Commission:
− 
− | (a) | a copy of the agreements or arrangements referred to in paragraph 2 concluded between the Member States as well as drafts of such agreements or arrangements which they intend to adopt; and |
− | --- | --- |
− 
− | (b) | any denunciation of, or amendments to, these agreements or arrangements. |
− | --- | --- |
− 
− ### art_21
− 
− Article 21
− 
+ ### Article 22 — Protection of information transmitted
− ### art_22
+ **1.** Information, including in particular personal data, transmitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted.
− Article 22
+ **2.** Receiving agencies shall ensure the confidentiality of such information, in accordance with their national law.
− 1. Information, including in particular personal data, transmitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted.
+ **3.** Paragraphs 1 and 2 shall not affect national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
− 2. Receiving agencies shall ensure the confidentiality of such information, in accordance with their national law.
+ **4.** This Regulation shall be without prejudice to Directives 95/46/EC and 2002/58/EC.
− 3. Paragraphs 1 and 2 shall not affect national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
+ ### Article 23 — Communication and publication
− 4. This Regulation shall be without prejudice to Directives 95/46/EC and 2002/58/EC.
+ **1.** Member States shall communicate to the Commission the information referred to in Articles 2, 3, 4, 10, 11, 13, 15 and 19. Member States shall communicate to the Commission if, according to their law, a document has to be served within a particular period as referred to in Articles 8(3) and 9(…
− ### art_23
+ **2.** The Commission shall publish the information communicated in accordance with paragraph 1 in the *Official Journal of the European Union* with the exception of the addresses and other contact details of the agencies and of the central bodies and the geographical areas in which they have jurisd…
− Article 23
+ **3.** The Commission shall draw up and update regularly a manual containing the information referred to in paragraph 1, which shall be available electronically, in particular through the European Judicial Network in Civil and Commercial Matters.
− 1. Member States shall communicate to the Commission the information referred to in Articles 2, 3, 4, 10, 11, 13, 15 and 19. Member States shall communicate to the Commission if, according to their law, a document has to be served within a particular period as referred to in Articles 8(3) and 9(2).
− 
− 2. The Commission shall publish the information communicated in accordance with paragraph 1 in the Official Journal of the European Union with the exception of the addresses and other contact details of the agencies and of the central bodies and the geographical areas in which they have jurisdiction…
+ ### Article 24 — Review
− 3. The Commission shall draw up and update regularly a manual containing the information referred to in paragraph 1, which shall be available electronically, in particular through the European Judicial Network in Civil and Commercial Matters.
− ### art_24
− 
− Article 24
− 
+ ### Article 25 — Repeal
− ### art_25
+ **1.** Regulation (EC) No 1348/2000 shall be repealed as from the date of application of this Regulation.
− Article 25
+ **2.** References made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table in Annex III.
− 1. Regulation (EC) No 1348/2000 shall be repealed as from the date of application of this Regulation.
+ ### Article 26 — Entry into force
− 2. References made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table in Annex III.
+ This Regulation shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
− ### art_26
− 
− Article 26
− 
− This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.