BETA

29 Amendments of Emil RADEV related to 2018/0204(COD)

Proposal for a regulation
Recital 1

(1) In the interests of the proper functioning of the internal market, it is necessary to further improve and expedite the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters. At the same time, a high level of security and protection must be ensured in the transmission and service of these documents, and the fundamental rights and protection of the personal data of the addressees must be guaranteed.

2018/10/31
Committee: JURI

Proposal for a regulation
Recital 4

(4) In order to ensure the speedy transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed, a high level of security and protection in the transmission and service ensured, and the fundamental rights and protection of the personal data of the addressees guaranteed. For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems.

2018/10/31
Committee: JURI

Proposal for a regulation
Recital 5

(5) The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in the good time in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal or courier services and direct service. It should be possible to remedy the service of the refused document by serving an official translation of the document on the addressee.

2018/10/31
Committee: JURI

Proposal for a regulation
Recital 6

(6) If the addressee has refused to accept the document, the court or authority seised with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for ~~some~~an extended period of time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service.

2018/10/31
Committee: JURI

Proposal for a regulation
Recital 7

(7) Efficiency and speed in cross- border judicial proceedings requires direct, expedited and secure channels for serving documents on persons in other Member States. Consequently, it should be possible for a person interested in a judicial proceeding or a court or authority seised ~~with~~in respect of a legal proceeding to effect service of documents directly through electronic means to the ~~digital user account~~electronic address of an addressee who is domiciled in another Member State. The conditions for the use of such type of direct electronic service should ensure that electronic ~~user account~~addresses are used for the purpose of service of documents only if there are appropriate safeguards for the protection of the interests of the addressees, ~~either~~including by way of high technical standards or ~~in form of~~through an explicit consent given by the addressee. Where documents are served or transmitted electronically, the possibility must be available of providing acknowledgement of receipt of the documents. The addressee must be able to refuse electronic acceptance of a document.

2018/10/31
Committee: JURI

Proposal for a regulation
Recital 8

(8) The already existing direct channels for transmission and service of documents should be improved so that they provide reliable, secure and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal or courier service providers should use a specific acknowledgement of receipt when performing service by post or courier under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seised with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1393/2007
Article 3 а – paragraph 1

1. Documents, requests, confirmations, receipts, certificates and any communication carried out on the basis of the standard forms in Annex I between the transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of the different Member States shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable cross-border exchange of information in real time between the national IT systems.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

3. Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require ~~or feature~~ a seal or handwritten signature, the appropriate ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1393/2007
Article 3 а – paragraph 4

4. If transmission in accordance with paragraph 1 is not possible due to an unforeseen ~~and~~circumstances or exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 1393/2007
Article 6 – paragraph 2

2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall immediately contact the transmitting agency in order to secure the missing information or documents.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 1393/2007
Article 6 – paragraph 3

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 immediately, on receipt, to the transmitting agency, together with the notice of return using the standard form set out in Annex I.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EC) No 1393/2007
Article 6 – paragraph 4

4. A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it immediately, as well as the request, through the decentralised IT system referred to in Article 3a 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) and shall inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent immediately to the transmitting agency, via the decentralised IT system referred to in Article 3a.~~" ;~~ ;

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1393/2007
Article 7 а – paragraph 1

1. Where a document instituting the proceedings has been served upon the defendant, the law of the forum Member State may impose an obligation upon parties who are domiciled in another Member State to appoint a representative for the purpose of service of documents on them in the forum Member State for the proceedings.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

2. Where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic ~~user account~~address for service in accordance with point (b) of Article 15a, any method of service permitted under the law of the forum Member State may be used for service of documents during the proceedings, provided that the party concerned has been duly informed about this consequence at the time the document instituting the proceedings was served.";

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1393/2007
Article 8 – paragraph 1

1. The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he or she may refuse to accept the document to be served if it is not written in, or accompanied by an official translation into, either of the following languages:

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1393/2007
Article 8 – paragraph 4

4. If the addressee has refused to accept the document in accordance with paragraphs 1 and 2, the court or authority seised with the legal proceedings, in the course of which service was carried out, shall verify at the earliest opportunity whether the refusal was well founded.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1393/2007
Article 8 – paragraph 5

5. The service of the document may be remedied through the service on the addressee, in accordance with the provisions of this Regulation of the document accompanied by an official translation into a language provided for in paragraph 1. In that case, the date of service of the document shall be the date on which the document accompanied by ~~the~~an official translation is served in accordance with the law of the Member State addressed. 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 the date of the service of the initial document determined pursuant to Article 9(2).

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1393/2007
Article 8 – paragraph 7

7. 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 or 15a, shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent immediately to those agents or to that authority or person respectively.";

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1393/2007
Article 14 – title

Article 14 Service by postal or courier services

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1393/2007
Article 14 – paragraph 1

1. Service of judicial documents may be effected directly by postal or courier services on persons domiciled in another Member State by registered letter or bundle with acknowledgement of receipt.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1393/2007
Article 14 – paragraph 2

2. For the purpose of this Article, service by post or courier shall be carried out by using the specific acknowledgement of receipt set out in Annex IV.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1393/2007
Article 14 – paragraph 3

3. Irrespective of the law of the Member State of origin, service by post or courier shall be considered as validly effected also, if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee, and who have the ability and are willing to accept the document.

2018/10/31
Committee: JURI

Service of judicial documents may be effected directly on persons domiciled in another Member State through electronic means to ~~user account~~electronic addresses accessible to the addressee, provided that ~~one of~~ the following conditions isare fulfilled:

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1393/2007
Article 15 – point b

b) after the commencement of legal proceedings, the addressee gave express consent to the court or authority seised with the proceedings to use that particular ~~user account~~electronic address for purposes of serving documents in course of the legal proceedings.";

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1393/2007
Article 18 – paragraph 2

2. The power to adopt delegated acts referred to in Article 17 shall be conferred on the Commission for a~~n indeterminate period of time~~ period of five years from [~~the~~ date of entry into force of this Regulation].

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 1393/2007
Article 19 – paragraph 3

3. Where the conditions set out in paragraph 2 are met, reasonable efforts shall be made to inform the defendant through any available channels of communication, including means of modern remote communication technology, for which an address or an ~~account~~electronic address is known to the court seised, that court proceedings have been instituted against him or her.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

b) the defendant has disclosed a ~~prima facie~~ defence to the action on the merits.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – subparagraph 3

Such application shall not be entertained if it is filed more than ~~two~~one years following the date of the judgment.

2018/10/31
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 1393/2007
Article 19 – paragraph 6

6. After the expiry of the period of ~~two~~one years following the date of the judgment referred to in paragraph 2, the provisions of national law allowing for an extraordinary relief from the effects of the expiry of the time for appeal may not be applied in the context of challenging the recognition and enforcement of that judgment in another Member State.

2018/10/31
Committee: JURI