What changed, Regulation (EU) 2020/1784

+ ## CHAPTER I — GENERAL PROVISIONS
− ### art_1
+ ### Article 1 — Scope
− Article 1
+ **1.** This Regulation applies to the cross-border service of judicial and extrajudicial documents in civil or commercial matters. It does not apply, in particular, to revenue, customs or administrative matters or to the liability of a Member State for actions or omissions in the exercise of state a…
− 1. This Regulation applies to the cross-border service of judicial and extrajudicial documents in civil or commercial matters. It does not apply, in particular, to revenue, customs or administrative matters or to the liability of a Member State for actions or omissions in the exercise of state autho…
+ **2.** With the exception of Article 7, this Regulation does not apply where the address of the person to be served with a document is not known.
− 2. With the exception of Article 7, this Regulation does not apply where the address of the person to be served with a document is not known.
+ **3.** This Regulation does not apply to the service of a document in the forum Member State on a representative authorised by the person to be served, regardless of the place of residence of that person.
− 3. This Regulation does not apply to the service of a document in the forum Member State on a representative authorised by the person to be served, regardless of the place of residence of that person.
+ ### Article 2 — Definitions
− ### art_2
− 
− Article 2
+ (1) ‘forum Member State’ means the Member State in which the judicial proceedings take place;
− | (1) | ‘forum Member State’ means the Member State in which the judicial proceedings take place; |
− | --- | --- |
+ (2) ‘decentralised IT system’ means a network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.
− | (2) | ‘decentralised IT system’ means a network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems. |
− | --- | --- |
+ ### Article 3 — Transmitting and receiving agencies
− ### art_3
+ **1.** Each Member State shall designate the public officers, authorities or other persons competent for the transmission of judicial or extrajudicial documents to be served in another Member State (‘transmitting agencies’).
− Article 3
+ **2.** Each Member State shall designate the public officers, authorities or other persons competent for the receipt of judicial or extrajudicial documents from another Member State (‘receiving agencies’).
− 1. Each Member State shall designate the public officers, authorities or other persons competent for the transmission of judicial or extrajudicial documents to be served in another Member State (‘transmitting agencies’).
+ **3.** Member States may designate separate transmitting agencies and receiving agencies or designate one or more agencies to perform both functions. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than …
− 2. Each Member State shall designate the public officers, authorities or other persons competent for the receipt of judicial or extrajudicial documents from another Member State (‘receiving agencies’).
+ **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 those receiving agencies have jurisdiction;(c) the means by which those receiving agencies …
− 3. Member States may designate separate transmitting agencies and receiving agencies or designate one or more agencies to perform both functions. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than one …
− 
− 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 those receiving agencies have jurisdiction; |
− | --- | --- |
− 
− | (c) | the means by which those receiving agencies are able to receive documents where Article 5(4) applies; and |
− | --- | --- |
− 
− | (d) | the languages that may be used for the completion of the forms set out in Annex I. |
− | --- | --- |
+ ### Article 4 — Central body
− ### art_4
− 
− Article 4
+ (a) supplying information to the transmitting agencies;
− | (a) | supplying information to the transmitting agencies; |
− | --- | --- |
+ (b) seeking solutions to any difficulties which may arise during the transmission of documents for service;
− | (b) | seeking solutions to any difficulties which may arise during the transmission of documents for service; |
− | --- | --- |
+ (c) forwarding, in exceptional cases, a request for service to the competent receiving agency at the request of a transmitting agency.
− | (c) | forwarding, in exceptional cases, a request for service to the competent receiving agency at the request of a transmitting agency. |
− | --- | --- |
− 
− ### art_5
+ ### Article 5 — Means of communication to be used by transmitting agencies, receiving agencies and central bodies
− Article 5
+ **1.** Documents to be served, requests, confirmations, receipts, certificates and communications carried out on the basis of the forms in Annex I between transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of different Member St…
− 1. Documents to be served, requests, confirmations, receipts, certificates and communications carried out on the basis of the forms in Annex I between transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of different Member States…
+ **2.** The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the documents to be served, requests, confirmations, receipts, certificates and communications transmitted through the decentralised IT system.
− 2. The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the documents to be served, requests, confirmations, receipts, certificates and communications transmitted through the decentralised IT system.
− 
− 3. Where the documents to be served, requests, confirmations, receipts, certificates and other communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No …
+ **3.** Where the documents to be served, requests, confirmations, receipts, certificates and other communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU)…
− 4. Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability…
+ **4.** Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliabi…
− ### art_6
+ ### Article 6 — Legal effects of electronic documents
− Article 6
+ ### Article 7 — Assistance in address enquiries
− ### art_7
+ **1.** Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, that Member State shall provide assistance in determining the address in, at least, one of the following ways:(a) providing for designated authorities to which transm…
− Article 7
− 
− 1. Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, that Member State shall provide assistance in determining the address in, at least, one of the following ways:
+ **2.** Each Member State shall provide the Commission with the following information with a view to making it available through the European e-Justice Portal:(a) the means of assistance which the Member State will provide in its territory pursuant to paragraph 1;(b) where applicable, the names and c…
− | (a) | providing for designated authorities to which transmitting agencies may address requests on the determination of the address of the person to be served; |
− | --- | --- |
− 
− | (b) | allowing persons from other Member States to submit requests, including electronically, for information about addresses of persons to be served directly to domicile registries or other publicly accessible databases by means of a standard form available on the European e-Justice Portal; or |
− | --- | --- |
− 
− | (c) | providing detailed information, through the European e-Justice Portal, on how to find the addresses of persons to be served. |
− | --- | --- |
− 
− 2. Each Member State shall provide the Commission with the following information with a view to making it available through the European e-Justice Portal:
− 
− | (a) | the means of assistance which the Member State will provide in its territory pursuant to paragraph 1; |
− | --- | --- |
− | (b) | where applicable, the names and contact details of the authorities referred to in points (a) and (b) of paragraph 1; |
− | --- | --- |
− 
− | (c) | whether the authorities of the Member State addressed submit, on their own initiative, requests to domicile registries or other databases for information about addresses in cases where the address indicated in the request for service is not correct. |
− | --- | --- |
− 
+ ## CHAPTER II — JUDICIAL DOCUMENTS / SECTION 1 — Transmission and service of judicial documents
− ### art_8
+ ### Article 8 — Transmission of documents
− Article 8
+ **1.** Judicial documents shall be transmitted directly and as quickly as possible between the transmitting and receiving agencies.
− 1. Judicial documents shall be transmitted directly and as quickly as possible between the transmitting and receiving agencies.
+ **2.** The document to be transmitted shall be accompanied by a request drawn up using form A 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, in the official language or one of the offici…
− 2. The document to be transmitted shall be accompanied by a request drawn up using form A 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, in the official language or one of the official l…
+ **3.** Documents that are transmitted under this Regulation shall be exempt from requirements of legalisation or any equivalent formality.
− 3. Documents that are transmitted under this Regulation shall be exempt from requirements of legalisation or any equivalent formality.
+ **4.** Where the transmitting agency requests that a copy of the document sent in paper format in accordance with Article 5(4) be returned together with the certificate referred to in Article 14, it shall send that document in duplicate.
− 4. Where the transmitting agency requests that a copy of the document sent in paper format in accordance with Article 5(4) be returned together with the certificate referred to in Article 14, it shall send that document in duplicate.
+ ### Article 9 — Translation of documents
− ### art_9
+ **1.** The transmitting agency to which the applicant has forwarded the document for transmission shall advise the applicant that the addressee may refuse to accept the document if it is not in one of the languages provided for in Article 12(1).
− Article 9
+ **2.** The applicant shall bear any costs of translation prior to the transmission of the document, without prejudice to any possible subsequent decisions by the court or competent authority on liability for such costs.
− 1. The transmitting agency to which the applicant has forwarded the document for transmission shall advise the applicant that the addressee may refuse to accept the document if it is not in one of the languages provided for in Article 12(1).
+ ### Article 10 — 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 decisions by the court or competent authority on liability for such costs.
+ **1.** Upon receipt of a document, the receiving agency shall automatically send to the transmitting agency an acknowledgement of receipt as soon as possible through the decentralised IT system or, where the acknowledgement is sent by other means, as soon as possible and in any event within seven da…
− ### art_10
+ **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 without undue delay in order to obtain the missing information or documents, using form E in Annex I.
− Article 10
+ **3.** Where the request for service is manifestly outside the scope of this Regulation or where non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned to the transmitting agency upon receipt, without undue delay, toge…
− 1. Upon receipt of a document, the receiving agency shall automatically send to the transmitting agency an acknowledgement of receipt as soon as possible through the decentralised IT system or, where the acknowledgement is sent by other means, as soon as possible and in any event within seven days o…
+ **4.** Where a receiving agency receives a document for service which it does not have territorial jurisdiction to serve, it shall forward that document without undue delay, together with the request, to the receiving agency that has territorial jurisdiction in the Member State addressed, if the req…
− 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 without undue delay in order to obtain the missing information or documents, using form E in Annex I.
+ ### Article 11 — Service of documents
− 3. Where the request for service is manifestly outside the scope of this Regulation or where non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned to the transmitting agency upon receipt, without undue delay, together…
− 
− 4. Where a receiving agency receives a document for service which it does not have territorial jurisdiction to serve, it shall forward that document without undue delay, together with the request, to the receiving agency that has territorial jurisdiction in the Member State addressed, if the request…
+ **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.
− ### art_11
+ **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 its receipt. If it has not been possible to effect the service within one month of receipt of the document, the receiving agency shall:(a) immedi…
− Article 11
+ ### Article 12 — Refusal to accept a document
− 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.
+ **1.** The addressee may refuse to accept the document to be served if the document is not written in, or is not accompanied by a translation into, either:(a) a language which the addressee understands; or(b) the official language of the Member State addressed or, if there are several official langu…
− 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 its receipt. If it has not been possible to effect the service within one month of receipt of the document, the receiving agency shall:
+ **2.** The receiving agency shall inform the addressee of the right provided for in paragraph 1 where the document is not written in, or is not accompanied by a translation into, a language referred to in point (b) of that paragraph, by enclosing with the document to be served form L in Annex I, whi…
− | (a) | immediately inform the transmitting agency by means of form K in Annex I or, if the transmitting agency has requested information by means of form I in Annex I, by means of form J in Annex I; and |
− | --- | --- |
− 
− | (b) | continue to take all necessary steps to effect the service of the document where service seems to be possible within a reasonable period of time, unless the transmitting agency indicates that service is no longer necessary. |
− | --- | --- |
− 
− ### art_12
− 
− Article 12
− 
− 1. The addressee may refuse to accept the document to be served if the document is not written in, or is not accompanied by a translation into, either:
− 
− | (a) | a language which the addressee understands; or |
− | --- | --- |
− 
− | (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. |
− | --- | --- |
− 2. The receiving agency shall inform the addressee of the right provided for in paragraph 1 where the document is not written in, or is not accompanied by a translation into, a language referred to in point (b) of that paragraph, by enclosing with the document to be served form L in Annex I, which s…
− 
− | (a) | the official language or one of the official languages of the Member State of origin; and |
− | --- | --- |
− 
− | (b) | a language referred to in point (b) of paragraph 1. |
− | --- | --- |
− 
+ **3.** The addressee may refuse to accept the document either at the time of service or within two weeks of the time of service by making a written declaration of refusal of acceptance. For that purpose, the addressee may either return to the receiving agency form L in Annex I or a written declarati…
− 3. The addressee may refuse to accept the document either at the time of service or within two weeks of the time of service by making a written declaration of refusal of acceptance. For that purpose, the addressee may either return to the receiving agency form L in Annex I or a written declaration s…
+ **4.** Where the receiving agency is informed that the addressee refuses to accept the document pursuant to paragraphs 1, 2 and 3, it shall immediately inform the transmitting agency by means of the certificate of service or non-service, using form K in Annex I, and return the request and, where ava…
− 4. Where the receiving agency is informed that the addressee refuses to accept the document pursuant to paragraphs 1, 2 and 3, it shall immediately inform the transmitting agency by means of the certificate of service or non-service, using form K in Annex I, and return the request and, where availab…
+ **5.** The service of the refused document may be remedied through the service on the addressee, in accordance with this Regulation, of that document together with a translation into a language provided for in paragraph 1. In such a case, the date of service of the document shall be the date on whic…
− 5. The service of the refused document may be remedied through the service on the addressee, in accordance with this Regulation, of that document together with a translation into a language provided for in paragraph 1. In such a case, the date of service of the document shall be the date on which th…
+ **6.** Paragraphs 1 to 5 apply also to the other means of transmission and service of judicial documents provided for in Section 2.
− 6. Paragraphs 1 to 5 apply also to the other means of transmission and service of judicial documents provided for in Section 2.
+ **7.** For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers in cases where service is effected in accordance with Article 17, and the authority or person in cases where service is effected in accordance with Article 18, 19 or 20 shall inform the addressee that the addre…
− 7. For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers in cases where service is effected in accordance with Article 17, and the authority or person in cases where service is effected in accordance with Article 18, 19 or 20 shall inform the addressee that the addressee…
+ ### Article 13 — Date of service
− ### art_13
+ **1.** Without prejudice to Article 12(5), the date of service effected pursuant to Article 11 shall be the date on which the document was served in accordance with the law of the Member State addressed.
− Article 13
+ **2.** However, where the law of a Member State requires a document 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.
− 1. Without prejudice to Article 12(5), the date of service effected pursuant to Article 11 shall be the date on which the document was served in accordance with the law of the Member State addressed.
+ **3.** This Article also applies to the other means of transmission and service of judicial documents provided for in Section 2.
− 2. However, where the law of a Member State requires a document 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.
+ ### Article 14 — Certificate of service and copy of the document served
− 3. This Article also applies to the other means of transmission and service of judicial documents provided for in Section 2.
+ **1.** Upon completion of the formalities concerning the service of the document in question, the receiving agency shall draw up a certificate of completion of those formalities using form K in Annex I and send it to the transmitting agency, together with, where Article 8(4) applies, a copy of the d…
− ### art_14
+ **2.** The certificate referred to in paragraph 1 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 will accept. Each Member State shall indicate any official langua…
− Article 14
+ ### Article 15 — Costs of service
− 1. Upon completion of the formalities concerning the service of the document in question, the receiving agency shall draw up a certificate of completion of those formalities using form K in Annex I and send it to the transmitting agency, together with, where Article 8(4) applies, a copy of the docum…
+ **1.** The service of judicial documents originating in a Member State shall not give rise to any obligation for the payment or reimbursement of taxes or costs for services rendered by the Member State addressed.
− 2. The certificate referred to in paragraph 1 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 will accept. Each Member State shall indicate any official language o…
+ **2.** By way of derogation from paragraph 1, the applicant shall pay or reimburse the costs of:(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.
− ### art_15
− 
− Article 15
− 
− 1. The service of judicial documents originating in a Member State shall not give rise to any obligation for the payment or reimbursement of taxes or costs for services rendered by the Member State addressed.
− 
− 2. By way of derogation from paragraph 1, the applicant shall pay or reimburse the costs of:
− | (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. |
− | --- | --- |
− 
+ ## CHAPTER II — JUDICIAL DOCUMENTS / SECTION 2 — Other means of transmission and service of judicial documents
− ### art_16
+ ### Article 16 — Transmission by diplomatic or consular channels
− Article 16
+ ### Article 17 — Service by diplomatic agents or consular officers
− ### art_17
+ **1.** Each Member State may effect service of judicial documents on persons residing in another Member State, without the use of coercive measures, directly through its diplomatic agents or consular officers.
− Article 17
+ **2.** A Member State may communicate to the Commission that it is opposed to service of judicial documents, as referred to in paragraph 1, 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 may effect service of judicial documents on persons residing in another Member State, without the use of coercive measures, directly through its diplomatic agents or consular officers.
+ ### Article 18 — Service by postal services
− 2. A Member State may communicate to the Commission that it is opposed to service of judicial documents, as referred to in paragraph 1, within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate.
− 
− ### art_18
− Article 18
− 
+ ### Article 19 — Electronic service
− ### art_19
+ **1.** The service of judicial documents may be effected directly on a person who has a known address for service in another Member State by any electronic means of service available under the law of the forum Member State for the domestic service of documents, provided that:(a) the documents are se…
− Article 19
+ **2.** In order to guarantee the security of transmission, any Member State may specify and communicate to the Commission the additional conditions under which it will accept electronic service referred to in point (b) of paragraph 1, where its law sets stricter conditions in that respect or does no…
− 1. The service of judicial documents may be effected directly on a person who has a known address for service in another Member State by any electronic means of service available under the law of the forum Member State for the domestic service of documents, provided that:
+ ### Article 20 — Direct service
− | (a) | the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 and the addressee gave prior express consent to the use of electronic means for serving documents in the course of legal proceedings; or |
− | --- | --- |
+ **1.** Any person with an interest in particular judicial proceedings may effect the service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State in which the service is sought, provided that such direct service is permitted under the…
− | (b) | the addressee gave prior express consent to the court or authority seised of the proceedings or to the party responsible for service of documents in such proceedings to the use of email sent to a specified email address for the purpose of serving documents in the course of those proceedings …
− | --- | --- |
+ **2.** A Member State that allows direct service shall provide the Commission with information regarding which professions or competent persons are permitted to effect the direct service of documents in their territory. The Commission shall make that information available through the European e-Just…
− 2. In order to guarantee the security of transmission, any Member State may specify and communicate to the Commission the additional conditions under which it will accept electronic service referred to in point (b) of paragraph 1, where its law sets stricter conditions in that respect or does not al…
+ ## CHAPTER III — EXTRAJUDICIAL DOCUMENTS
− ### art_20
+ ### Article 21 — Transmission and service of extrajudicial documents
− Article 20
− 
− 1. Any person with an interest in particular judicial proceedings may effect the service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State in which the service is sought, provided that such direct service is permitted under the law…
− 
− 2. A Member State that allows direct service shall provide the Commission with information regarding which professions or competent persons are permitted to effect the direct service of documents in their territory. The Commission shall make that information available through the European e-Justice …
− 
− ### art_21
− 
− Article 21
+ ## CHAPTER IV — FINAL PROVISIONS
− ### art_22
+ ### Article 22 — Defendant not entering an appearance
− Article 22
+ **1.** Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service under this Regulation and the defendant has not entered an appearance, judgment shall not be given until it is established that the service or the delivery o…
− 1. Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service under this Regulation and the defendant has not entered an appearance, judgment shall not be given until it is established that the service or the delivery of th…
+ **2.** Each Member State may communicate to the Commission the fact that a court, notwithstanding paragraph 1, may give judgment even if no certificate of service or delivery of the document instituting proceedings or its equivalent has been received, provided that all the following conditions are f…
− | (a) | the document was served by a method prescribed by the law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or |
− | --- | --- |
− | (b) | the document was in fact delivered to the defendant or to the defendant’s residence by another method provided for by this Regulation. |
− | --- | --- |
− 
− 2. Each Member State may communicate to the Commission the fact that a court, notwithstanding paragraph 1, may give judgment even if no certificate of service or delivery of the document instituting proceedings or its equivalent has been received, provided that all the following conditions are fulfi…
− 
− | (a) | the document was transmitted by one of the methods provided for in this Regulation; |
− | --- | --- |
− 
− | (b) | a period considered adequate by the court in the particular case, which shall not be less than six months, has elapsed since the date of the transmission of the document; |
− | --- | --- |
− 
− | (c) | no certificate of any kind has been received, even though every reasonable effort has been made to obtain one through the competent authorities or bodies of the Member State addressed. |
− | --- | --- |
− 
+ **3.** Notwithstanding paragraphs 1 and 2, in justified cases of urgency courts may order any provisional or protective measures.
− 3. Notwithstanding paragraphs 1 and 2, in justified cases of urgency courts may order any provisional or protective measures.
+ **4.** Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service in accordance with this Regulation and a judgment has been given against a defendant who has not entered an appearance, the judge shall have the power to rel…
− 4. Where a document instituting proceedings or its equivalent has had to be transmitted to another Member State for the purpose of service in accordance with this Regulation and a judgment has been given against a defendant who has not entered an appearance, the judge shall have the power to relieve…
− | (a) | the defendant, without any fault on the defendant’s part, did not have knowledge of the document in sufficient time to enter a defence or did not have knowledge of the judgment in sufficient time to appeal; and |
− | --- | --- |
− 
− | (b) | the defendant has raised a prima facie defence to the action on the merits. |
− | --- | --- |
− 
+ **5.** Paragraph 4 shall not apply to judgments concerning the status or capacity of persons.
− 5. Paragraph 4 shall not apply to judgments concerning the status or capacity of persons.
+ ### Article 23 — Amendment of Annex I
− ### art_23
− Article 23
− 
+ ### Article 24 — Exercise of the delegation
− ### art_24
+ **1.** The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
− Article 24
+ **2.** The power to adopt delegated acts referred to in Article 23 shall be conferred on the Commission for a period of five years from 22 December 2020. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The…
− 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
+ **3.** The delegation of power referred to in Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in…
− 2. The power to adopt delegated acts referred to in Article 23 shall be conferred on the Commission for a period of five years from 22 December 2020. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The del…
+ **4.** Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
− 3. The delegation of power referred to in Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the…
+ **5.** As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
− 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
+ **6.** A delegated act adopted pursuant to Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that …
− 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
+ ### Article 25 — Adoption of implementing acts by the Commission
− 6. A delegated act adopted pursuant to Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that peri…
+ **1.** The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:(a) the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system;(b) the technical specifications for comm…
− ### art_25
+ **2.** The implementing acts referred to in paragraph 1 of this Article shall be adopted by 23 March 2022 in accordance with the examination procedure referred to in Article 26(2).
− Article 25
+ ### Article 26 — Committee procedure
− 1. The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:
+ **1.** The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
− | (a) | the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system; |
− | --- | --- |
+ **2.** Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
− | (b) | the technical specifications for communication protocols; |
− | --- | --- |
+ ### Article 27 — Reference implementation software
− | (c) | the information security objectives and relevant technical measures ensuring minimum information security standards for the processing and communication of information within the decentralised IT system; |
− | --- | --- |
+ **1.** The Commission shall be responsible for the creation, maintenance and future development of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, maintenance and future development of the reference imp…
− | (d) | the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system; |
− | --- | --- |
+ **2.** The Commission shall provide, maintain and support on a free-of-charge basis implementation of the software components underlying the access points.
− | (e) | the establishment of a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation. |
− | --- | --- |
+ ### Article 28 — Costs of the decentralised IT system
− 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted by 23 March 2022 in accordance with the examination procedure referred to in Article 26(2).
+ **1.** Each Member State shall bear the costs of the installation, operation and maintenance of its access points interconnecting the national IT systems in the context of the decentralised IT system.
− ### art_26
+ **2.** Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points and shall bear the costs of administering, operating and maintaining those systems.
− Article 26
+ **3.** Paragraphs 1 and 2 shall be without prejudice to the possibility of Member States to apply for grants to support the activities referred to in those paragraphs under the Union’s financial programmes.
− 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
+ ### Article 29 — Relationship with agreements or arrangements between Member States
− 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
+ **1.** This Regulation shall prevail in relation to matters to which it applies over other provisions contained in bilateral or multilateral agreements or arrangements concluded by Member States, and in particular the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extraju…
− ### art_27
+ **2.** This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements to expedite or further simplify the transmission of documents, provided that those agreements or arrangements are compatible with this Regulation.
− Article 27
+ **3.** Member States shall send to the Commission:(a) a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and(b) any denunciation of, or amendments to, those agre…
− 1. The Commission shall be responsible for the creation, maintenance and future development of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, maintenance and future development of the reference impleme…
+ ### Article 30 — Legal aid
− 2. The Commission shall provide, maintain and support on a free-of-charge basis implementation of the software components underlying the access points.
− ### art_28
− 
− Article 28
− 
− 1. Each Member State shall bear the costs of the installation, operation and maintenance of its access points interconnecting the national IT systems in the context of the decentralised IT system.
− 
− 2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points and shall bear the costs of administering, operating and maintaining those systems.
− 
− 3. Paragraphs 1 and 2 shall be without prejudice to the possibility of Member States to apply for grants to support the activities referred to in those paragraphs under the Union’s financial programmes.
− 
− ### art_29
− 
− Article 29
− 
− 1. This Regulation shall prevail in relation to matters to which it applies over other provisions contained in bilateral or multilateral agreements or arrangements concluded by Member States, and in particular the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudici…
− 
− 2. This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements to expedite or further simplify the transmission of documents, provided that those agreements or arrangements are compatible with this Regulation.
− 
− 3. Member States shall send to the Commission:
− 
− | (a) | a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and |
− | --- | --- |
− 
− | (b) | any denunciation of, or amendments to, those agreements or arrangements. |
− | --- | --- |
− 
− ### art_30
− 
− Article 30
− 
+ ### Article 31 — Protection of information transmitted
− ### art_31
+ **1.** Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679.
− Article 31
− 1. Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679.
− 
+ **2.** The competent authority or authorities under national law shall be regarded as controllers within the meaning of Regulation (EU) 2016/679 with respect to personal data processing under this Regulation.
− 2. The competent authority or authorities under national law shall be regarded as controllers within the meaning of Regulation (EU) 2016/679 with respect to personal data processing under this Regulation.
+ **3.** Notwithstanding paragraphs 1 and 2, information transmitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted.
− 3. Notwithstanding paragraphs 1 and 2, information transmitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted.
+ **4.** Receiving agencies shall ensure that such information remains confidential, in accordance with their national law.
− 4. Receiving agencies shall ensure that such information remains confidential, in accordance with their national law.
+ **5.** Paragraphs 3 and 4 shall be without prejudice to national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
− 5. Paragraphs 3 and 4 shall be without prejudice to national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
+ **6.** This Regulation shall be without prejudice to Directive 2002/58/EC.
− 6. This Regulation shall be without prejudice to Directive 2002/58/EC.
+ ### Article 32 — Respect for fundamental rights under Union law
− ### art_32
− Article 32
− 
+ ### Article 33 — Communication, publication and manual
− ### art_33
+ **1.** Member States shall communicate to the Commission the information referred to in Articles 3, 7, 12, 14, 17, 19, 20 and 22.
− Article 33
− 
− 1. Member States shall communicate to the Commission the information referred to in Articles 3, 7, 12, 14, 17, 19, 20 and 22.
+ **2.** Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
− 2. Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
+ **3.** The Commission shall publish the information communicated in accordance with paragraph 1 through appropriate means, including through the European e-Justice Portal.
− 3. 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 jurisdictio…
+ **4.** The Commission shall draw up and regularly update a manual containing the information referred to in paragraph 1. It shall make the manual available electronically, in particular through the European Judicial Network in Civil and Commercial Matters and on the European e-Justice Portal.
− 4. The Commission shall draw up and regularly update a manual containing the information referred to in paragraph 1. It shall make the manual available electronically, in particular through the European Judicial Network in Civil and Commercial Matters and on the European e-Justice Portal.
+ ### Article 34 — Monitoring
− ### art_34
+ **1.** By 2 July 2023, the Commission shall establish a detailed programme for monitoring the outputs, results and impact of this Regulation.
− Article 34
+ **2.** The monitoring programme shall specify the action to be taken by the Commission and by the Member States to monitor the outputs, results and impact of this Regulation. It shall set out when the data referred to in paragraph 3 are to be collected for the first time, which shall be at the lates…
− 1. By 2 July 2023, the Commission shall establish a detailed programme for monitoring the outputs, results and impact of this Regulation.
+ **3.** Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:(a) the number of requests for the service of documents transmitted in accordance with Article 8;(b) the number of requests for the service of documents executed in acc…
− 2. The monitoring programme shall specify the action to be taken by the Commission and by the Member States to monitor the outputs, results and impact of this Regulation. It shall set out when the data referred to in paragraph 3 are to be collected for the first time, which shall be at the latest 2 …
+ **4.** The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in points (a), (b) and (d) of paragraph 3 and transmit them to the Commission on a regular basis.
− 3. Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:
+ ### Article 35 — Evaluation
− | (a) | the number of requests for the service of documents transmitted in accordance with Article 8; |
− | --- | --- |
+ **1.** No later than five years after the date of application of Article 5 in accordance with Article 37(2), the Commission shall carry out an evaluation of this Regulation and present a report on its main findings to the European Parliament, the Council and the European Economic and Social Committe…
− | (b) | the number of requests for the service of documents executed in accordance with Article 11; |
− | --- | --- |
+ **2.** Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.
− | (c) | the number of cases in which the request for the service of documents was transmitted by means other than through the decentralised IT system in accordance with Article 5(4); |
− | --- | --- |
+ ### Article 36 — Repeal
− | (d) | the number of received certificates of non-service of documents; |
− | --- | --- |
+ **1.** Regulation (EC) No 1393/2007 shall be repealed as from the date of application of this Regulation, with the exception of Articles 4 and 6 of Regulation (EC) No 1393/2007, which shall be repealed as from the date of application of Articles 5, 8 and 10 referred to in Article 37(2) of this Regul…
− | (e) | the number of refusals of documents for language reasons received by the transmitting agencies. |
− | --- | --- |
+ **2.** References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
− 4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in points (a), (b) and (d) of paragraph 3 and transmit them to the Commission on a regular basis.
+ ### Article 37 — Entry into force and application
− ### art_35
+ **1.** This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− Article 35
− 
− 1. No later than five years after the date of application of Article 5 in accordance with Article 37(2), the Commission shall carry out an evaluation of this Regulation and present a report on its main findings to the European Parliament, the Council and the European Economic and Social Committee, a…
− 
− 2. Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.
− 
− ### art_36
− Article 36
− 
− 1. Regulation (EC) No 1393/2007 shall be repealed as from the date of application of this Regulation, with the exception of Articles 4 and 6 of Regulation (EC) No 1393/2007, which shall be repealed as from the date of application of Articles 5, 8 and 10 referred to in Article 37(2) of this Regulatio…
− 
− 2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
− 
− ### art_37
− 
− Article 37
− 
− 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
− 
+ **2.** Articles 5, 8 and 10 shall apply from the first day of the month following the period of three years after the date of entry into force of the implementing acts referred to in Article 25.
− 2. Articles 5, 8 and 10 shall apply from the first day of the month following the period of three years after the date of entry into force of the implementing acts referred to in Article 25.