BETA


2005/0126(COD) Service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI GAUZÈS Jean-Paul (icon: PPE-DE PPE-DE)
Former Responsible Committee JURI GAUZÈS Jean-Paul (icon: PPE-DE PPE-DE)
Former Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 061-, EC Treaty (after Amsterdam) EC 067-p5

Events

2013/12/04
   EC - Follow-up document
Details

The Commission presents a report on the application of Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents).

The report recalls that co-operation between the judicial authorities of the Member States of the European Union is a keystone for a European area of freedom, security and justice. Such cooperation is particularly necessary in order to ensure an efficient transmission of judicial and extrajudicial documents for purposes of service between the Member States.

Prior to any Union action on this matter, the cross-border service of documents between Member States was mainly governed by the 1965 Hague Convention on the service of documents.

On 29 May 2000, the European Union adopted Regulation (EC) No 1348/20002 laying down procedural rules to facilitate the cross-border transmission of documents.

On 1 October 2004, the European Commission adopted a report on the application of the 2000 Regulation which concluded that that the level of knowledge of those involved in the application of the Regulation, in particular local bodies, needed to be improved.

Thus, the Commission proposed an amendment in 2005 and as of 13 November 2008, the 2000 Regulation was replaced by Regulation (EC) No 1393/2007 of the European Parliament and the Council.

The 2007 Regulation stipulated that no later than 1 June 2011 and every five years thereafter the Commission should review the application of the Regulation and propose amendments if necessary. This Report presents the Commission's first assessment of the application of the 2007 Regulation for the period running from 2008 to 2012.

The application of the 2007 Regulation : in general, it may be concluded that the Regulation operates well and has reached its objective to increase legal certainty in cross-border service of documents as well as speed and efficiency in transmission between Member States. Nevertheless, some points merit attention in order to evaluate whether and how the system of service between Member States may be further improved. The report notes that the increasing judicial integration of Member States has brought to light the limits of the current text of the Regulation. In the light of the role of the Regulation in the entire framework of judicial cooperation in civil justice matters, particularly in the light of the abolition of exequatur, a deeper integration within the Union, for instance by way of minimum standards on service, may be considered . Furthermore, even if the delays for cross-border service have been progressively reduced, an efficient conduct of judicial proceedings in Europe requires further progress to be made .

The report focuses, in particular, on the following issues:

- Electronic service of documents : electronic service is an emerging method to serve documents within Member States. In most systems where such method of service exists, citizens (usually commercial or financial institutions) register with the courts, thus permitting to be served directly by electronic means. Currently, the Regulation does not mention electronic service. The question has been raised in certain Member States whether foreign citizens could register into the national electronic service system and whether a service effected on such foreigners should be considered a cross-border service for purposes of the application of the Regulation. The answer to this question has important consequences, such as whether the right to refuse a document which is not written in one of the languages foreseen in Article 8 of the Regulation applies. It should be considered whether electronic service should be available at cross-border level and if and how the Regulation should apply in such a case.

- Abolition of exequatur : the gradual abolition of exequatur raises the question on the need of a higher degree of harmonisation concerning national civil procedural rules, in general , and concerning rules on service of documents, in particular. As a result of disparities between Member States, it is uncertain currently in which circumstances the protection ensured by the Regulation actually applies. In particular, it is not sure that foreign defendants will be protected, where appropriate, by the Regulation's rules on the right to refuse to accept a document, the date of service, and the rights of the defence in the event of default. The question arises to what extent such disparities between Member States' laws and the resulting lack of legal certainty for citizens are appropriate in the context of judicial cooperation in the European Union, particularly in the light of the abolition of exequatur where the protection of the rights of the defense is a crucial element to be safeguarded across borders.

Several questions have been raised with respect to the scope of the Regulation . A satisfactory operation of the Regulation may require clarification regarding the scope of the instrument at Union level. It may be appropriate now to consider the need to address this legal uncertainty, in particular by way of common minimum standards on which documents should be served on foreign parties, on whom such service may take place, and at which moment in time service should take place . In this way, a more uniform protection of defendants across the Union would be ensured and would without any doubt enhance legal certainty and the protection of the rights of the defence .

The report also highlights the following:

the problems relating to the speed of transmission and service, the jurisdiction of the transmitting agencies, the issue of language and of the right to refuse the act if it is not drafted in an official language of the place where service is effected or in a language which the addressee understands, the costs of the service of documents, the transmission procedures (direct transmission).

Next steps : this report will serve to encourage a broad public debate on the role of the Service Regulation in the Union's civil justice area and how in particular the service of documents may be further improved.

2007/12/10
   Final act published in Official Journal
Details

PURPOSE: to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States.

LEGISLATIVE ACT: Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000.

CONTENT: Since its entry into force in 2001, Council Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Member States. Nevertheless, the application of certain provisions of the Regulation is not fully satisfactory.

This Regulation repeals Regulation (EC) No 1348/2000 and aims to further improve the transmission and service of documents and to strengthen legal security for both the applicant and the addressee.

The 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 or omissions in the exercise of state authority ( acta iure imperii ). In addition, the Regulation shall not apply where the address of the person to be served with the document is not known.

The main amendments contained in the new Regulation are as follows:

A provision by which the receiving agency shall itself serve the document, in any event within one month of receipt;

A new form aiming to inform the addressee that he may refuse to accept a given document within one week of the document being served; A provision establishing that the 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; Standard conditions regarding the service of judicial documents by postal services (by registered letter with acknowledgement of receipt or equivalent); The use of the regulatory procedure with scrutiny relating to the updating or to the making of technical amendments to the standard forms set out in Annexes I and II.

The Commission will publish, in the Official Journal of the European Union, the information communicated by the Member States in accordance with the Regulation, 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.

No later than 1 June 2011, and every five years thereafter, the Commission shall present a report on the application of this Regulation. The report shall be accompanied, if need be, by proposals for adaptations of this Regulation in line with the evolution of notification systems.

Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application.

ENTRY INTO FORCE: 30/12/2007.

APPLICATION: from 13/11/2008, with the exception of Article 23 (communication and publication) which applies from 13/08/2008.

2007/11/13
   CSL - Draft final act
Documents
2007/11/13
   CSL - Final act signed
2007/11/13
   EP - End of procedure in Parliament
2007/10/24
   EP - Decision by Parliament, 2nd reading
Details

The European Parliament adopted a resolution drafted by Jean-Paul GAUZES (EPP-ED, FR), and approved the Council common position on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ("Service of documents").

Documents
2007/10/08
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2007/10/08
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2007/10/04
   EP - Vote in committee, 2nd reading
Details

By adopting the recommendation for second reading contained the codecision report drafted by Jean-Paul GAUZES (EPP-ED, FR), the Committee on Legal Affairs proposed to approve, without amendment, the Council common position for adopting a regulation of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ("Service of documents") and repealing Council Regulation (EC) No 1348/2000.

2007/07/30
   EP - Committee draft report
Documents
2007/07/12
   EP - Committee referral announced in Parliament, 2nd reading
2007/07/10
   EC - Commission communication on Council's position
Details

The Commission can accept the common position which, although modifying some specific features of the Commission’s original proposal as amended following Parliament’s opinion, remains faithful to the objective of further improving and expediting the transmission and service of documents for service between the Member States.

All amendments of Parliament were included in the amended proposal of the Commission and also in the common position.

The Commission accepts the common position in the light of the fact that it includes the key elements included in its initial proposal (in particular the important amendment to Article 11 (costs) and Parliament’s amendments as incorporated into its amended proposal.

2007/07/10
   EP - GAUZÈS Jean-Paul (PPE-DE) appointed as rapporteur in JURI
2007/06/28
   CSL - Council position
Details

The Council’s common position was adopted by unanimity. It remains faithful to the text agreed between the European Parliament and the Council and thus also to a large extent to the Commission's amended proposal. Only where the text of the amended proposal diverged from the agreed text or where amendments were necessary for other reasons have changes been made.

The main changes made in the common position concern the following issues:

- the common position is a coordinated and comprehensive version of the Regulation incorporating the amendments adopted by the European Parliament (and not a mere amendment of Regulation (EC) 1348/2000);

- express exclusion of liability of the State for actions or omissions in the exercise of state authority ("acta iure imperii") from the scope (Article 1(1));

- a new paragraph is inserted to highlight the non participation of Denmark (new paragraph 3 in Article 1). The Council has equally as a consequence of the exclusion of Denmark made the appropriate adjustments in the Annexes;

- comitology: regulatory procedure with scrutiny instead of advisory procedure (Articles 17 and 18);

- publication of information communicated by Member States 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 23(2)).

- new Annex II (information of the addressee about his right to refuse to accept a document).

Other amendments are of a more formal nature and have been made to render the text easier to read.

- Article 2(2)(b): the European Parliament and the Council had agreed on the insertion of a new recital (EP amendment 7). The Commission in its amended proposal had duly inserted this new recital (Recital 8), but had also inserted a provision in Article 2(2)(b). As such a new provision had not been agreed between the European Parliament and the Council, the Council has deleted the added provision. The common position thus follows the agreed approach;

- Article 19 (Defendant not entering an appearance): the wording the Commission's amended proposal diverged slightly from that of Article 19 of Regulation No 1348/2000 in the sense that there was no longer any mentioning of a document being "delivered" to the defendant. Since no amendment of Article 19 had been agreed between the European Parliament and the Council, the Council has reverted to the previous text in its common position.

Documents
2007/06/28
   CSL - Council Meeting
2007/06/27
   CSL - Council position published
Details

The Council’s common position was adopted by unanimity. It remains faithful to the text agreed between the European Parliament and the Council and thus also to a large extent to the Commission's amended proposal. Only where the text of the amended proposal diverged from the agreed text or where amendments were necessary for other reasons have changes been made.

The main changes made in the common position concern the following issues:

- the common position is a coordinated and comprehensive version of the Regulation incorporating the amendments adopted by the European Parliament (and not a mere amendment of Regulation (EC) 1348/2000);

- express exclusion of liability of the State for actions or omissions in the exercise of state authority ("acta iure imperii") from the scope (Article 1(1));

- a new paragraph is inserted to highlight the non participation of Denmark (new paragraph 3 in Article 1). The Council has equally as a consequence of the exclusion of Denmark made the appropriate adjustments in the Annexes;

- comitology: regulatory procedure with scrutiny instead of advisory procedure (Articles 17 and 18);

- publication of information communicated by Member States 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 23(2)).

- new Annex II (information of the addressee about his right to refuse to accept a document).

Other amendments are of a more formal nature and have been made to render the text easier to read.

- Article 2(2)(b): the European Parliament and the Council had agreed on the insertion of a new recital (EP amendment 7). The Commission in its amended proposal had duly inserted this new recital (Recital 8), but had also inserted a provision in Article 2(2)(b). As such a new provision had not been agreed between the European Parliament and the Council, the Council has deleted the added provision. The common position thus follows the agreed approach;

- Article 19 (Defendant not entering an appearance): the wording the Commission's amended proposal diverged slightly from that of Article 19 of Regulation No 1348/2000 in the sense that there was no longer any mentioning of a document being "delivered" to the defendant. Since no amendment of Article 19 had been agreed between the European Parliament and the Council, the Council has reverted to the previous text in its common position.

Documents
2007/04/19
   CSL - Council Meeting
2006/12/01
   EC - Modified legislative proposal
Details

All amendments adopted by the European Parliament are accepted by the Commission in their entirety.

2006/11/30
   EC - Modified legislative proposal published
Details

All amendments adopted by the European Parliament are accepted by the Commission in their entirety.

2006/08/28
   EC - Commission response to text adopted in plenary
Documents
2006/07/04
   EP - Results of vote in Parliament
2006/07/04
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted a report by Jean-Paul GAUZÈS (EPP-ED, FR) and made some amendments to the proposal. (Please see the summary of 31/01/2006.) The main ones are as follows:

- The addressee should be informed in writing that he or she may refuse to accept the document to be served at the time of service or by sending the document to the receiving agency within one week if it is not either in a language which he or she understands or in an official language of the place of service. This rule should also apply to the subsequent service once the addressee has exercised his or her right of refusal. These rules on refusal should also apply to service by diplomatic or consular agents, service by postal services and direct service .

- The receiving agency should continue to take all necessary steps to serve the document also in cases where it has not been possible to effect service within the month, for example because the defendant has been away from his or her home on holiday or away from his or her office on business. Furthermore, in order to avoid an open-ended obligation for the receiving agency to take steps to serve a document, the transmitting agency should be able to specify a deadline in the standard form after which service is no longer required.

-The Commission should draw up a manual containing information relevant for the proper application of this Regulation, which should be published in the European Judicial Network in civil and commercial matters. The Commission and the Member States should do their utmost to ensure that this information is up to date and complete, especially as regards the contact details of receiving and transmitting agencies.

-A review clause has been added, requiring the Commission to consider amending the Regulation by June 2011 and every five years thereafter.

Documents
2006/06/01
   CSL - Debate in Council
Details

The Council agreed on a general approach on a proposal for a Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, pending the European Parliament's opinion at first reading.

This proposal is aimed at Regulation 1348/2000/EC of 29 May 2000 with a view to improving and expediting the transmission and service of this kind of documents between the Member States, simplifying the application of certain provisions of the Regulation and improving legal certainty for the applicant and for the addressee.

Documents
2006/06/01
   CSL - Council Meeting
2006/02/14
   ESC - Economic and Social Committee: opinion, report
Documents
2006/02/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/02/02
   EP - Committee report tabled for plenary, 1st reading
Documents
2006/01/31
   EP - Vote in committee, 1st reading
Details

The committee adopted the report by Jean-Paul GAUZÈS (EPP-ED, FR) approving the proposal on the service of judicial and extrajudicial documents in civil or commercial matters. It adopted a few amendments (under the 1st reading of the codecision procedure) with a view to clarifying the text in places, particularly with regard to the translation of documents served to an addressee. MEPs specified inter alia that, where the addressee has exercised the option of refusing to accept a document at the time of service, documents subsequently served in the same case as a continuation of the procedure must be written in or translated into a language understood by the addressee or an official language of the receiving Member State.

2006/01/11
   EP - Amendments tabled in committee
Documents
2005/09/15
   EP - GAUZÈS Jean-Paul (PPE-DE) appointed as rapporteur in JURI
2005/09/06
   EP - Committee referral announced in Parliament, 1st reading
2005/07/07
   EC - Legislative proposal
Details

PURPOSE: transmission and service in the Member States of judicial and extrajudicial documents.

LEGISLATIVE ACT: Regulation of the European Parliament and of the Council.

CONTENT: On 29 May 2000, the Council adopted Regulation 1348/2000/EC on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. The Regulation aims at expediting the transmission of documents which is to be made directly between local bodies (transmitting and receiving agencies) designated by the Member States. Since the entry into force of Regulation 1348/2000/EC on 31 May 2001, the Commission has sought to receive as much information as possible about the application of the Regulation.

The Commission has therefore gathered information and discussed the application of the Regulation on various occasions. Furthermore, a Study on the application of the Regulation has been made by a contractor of the Commission. Lastly, the Commission adopted the Report on the Application of the Regulation foreseen in Article 24 of the Regulation.

The Report concludes that since its entry into force in 2001, the application of the Regulation has generally improved and expedited the transmission and the service of documents between Member States. Nevertheless, in the period of adaptation which is still ongoing, many persons involved in the application of the Regulation, in particular local bodies, still do not have sufficient knowledge about the Regulation. Furthermore, the application of certain provisions of the Regulation is not fully satisfactory.

The Commission Report indicates that – compared with the situation under the 1965 Hague Convention on the Service of Documents - the application of the Regulation has made the transmission and the service of documents faster. While the amount of time required for transmission and service has generally been reduced to 1 to 3 months, in some cases up to 6 months are still required. Such delays for the transmission and service of documents between Member States are unacceptable in a European area of justice in civil and commercial matters.

This proposal amends several paragraphs of Articles 7, 8, 9, 11, 14, 15, 17 and 23 of Regulation 1348/2000/EC. The following are the main proposed amendments:

- In Art 7, it introduces an obligation to effect the service of a within one month of receipt of the document by the receiving agency. It also provides that the receiving agency shall inform the transmitting agency immediately, if it has not been possible to effect service.

- In view of divergent approaches in the Member States with respect to a time limit for the refusal to accept a document, a common time limit of one week within which the addressee can refuse to accept the document by returning it is introduced. It should also be clarified that the addressee may exercise his right also immediately at the time of service directly with the person serving the document. Furthermore, an obligation to inform the addressee in writing about his right to refuse to accept the document is introduced since the Commission Report indicates that currently the addressee is not always informed of his right to refuse to accept the document. The receiving agency shall inform the addressee about his right using the standard form in the Annex.

- Art 8(3): In view of the fact that the Regulation does not expressly provide for a rule concerning the legal consequences of a justified refusal to accept the document in accordance with Art 8 (1), there is currently a case pending at the European Court of Justice with respect to that question. For reasons of legal certainty, the Regulation itself should provide for an explicit rule for such cases.

- Currently, several Member States have invoked derogations in accordance with Article 9 (3), on the basis that the double-date system is not known in their national procedural laws. Those Member States do, however, have equivalent rules in order to protect the rights of the applicant (e.g. by providing that prescription is interrupted through the seizure of the court).

- Art 11 (4): In order to facilitate access to justice, this paragraph provides that costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State addressed shall correspond to a fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination.

- Article 14: This amendment aims at further facilitating the application of the Regulation by introducing a uniform rule for all Member States concerning postal services. Currently, the identification of the conditions applicable in a specific Member State is not user-friendly. The paragraph provides for a uniform requirement (registered letter with acknowledgement of receipt or equivalent) which is applicable already in many Member States. This requirement guarantees with sufficient certainty that the addressee has received the document, and that there is sufficient proof thereof.

- Article 15: The deletion of paragraph 2 which provides for a possibility for Member States to oppose themselves to direct service will further facilitate the application of the Regulation by introducing a uniform rule for all Member States.

- Article 15a: In order to improve legal certainty for the applicant and the addressee and for reasons of consistency, this paragraph provides – as a clarification - that the rules concerning the refusal to accept the document (Article 8), and the rules concerning the date of service (Article 9), shall apply to the means of transmission and service provided for in this section (i.e. Articles 12 to 15). This modification clarifies also that the language rules of Article 8 also apply for service by postal services.

- Articles 17 and 23: The requirement for the adoption of the manual of receiving agencies and the glossary by a Commission Decision (Article 17) should be deleted as well as the requirement of the publication of the information communicated by Member States in the Official Journal (Article 23). Instead, this paragraph provides that a rule equivalent to Articles 19 and 22 of Council Regulation 1206/2001/EC on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is introduced since Articles 17 and 23 unnecessarily complicate making available the information communicated by Member States.

2005/07/06
   EC - Legislative proposal published
Details

PURPOSE: transmission and service in the Member States of judicial and extrajudicial documents.

LEGISLATIVE ACT: Regulation of the European Parliament and of the Council.

CONTENT: On 29 May 2000, the Council adopted Regulation 1348/2000/EC on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. The Regulation aims at expediting the transmission of documents which is to be made directly between local bodies (transmitting and receiving agencies) designated by the Member States. Since the entry into force of Regulation 1348/2000/EC on 31 May 2001, the Commission has sought to receive as much information as possible about the application of the Regulation.

The Commission has therefore gathered information and discussed the application of the Regulation on various occasions. Furthermore, a Study on the application of the Regulation has been made by a contractor of the Commission. Lastly, the Commission adopted the Report on the Application of the Regulation foreseen in Article 24 of the Regulation.

The Report concludes that since its entry into force in 2001, the application of the Regulation has generally improved and expedited the transmission and the service of documents between Member States. Nevertheless, in the period of adaptation which is still ongoing, many persons involved in the application of the Regulation, in particular local bodies, still do not have sufficient knowledge about the Regulation. Furthermore, the application of certain provisions of the Regulation is not fully satisfactory.

The Commission Report indicates that – compared with the situation under the 1965 Hague Convention on the Service of Documents - the application of the Regulation has made the transmission and the service of documents faster. While the amount of time required for transmission and service has generally been reduced to 1 to 3 months, in some cases up to 6 months are still required. Such delays for the transmission and service of documents between Member States are unacceptable in a European area of justice in civil and commercial matters.

This proposal amends several paragraphs of Articles 7, 8, 9, 11, 14, 15, 17 and 23 of Regulation 1348/2000/EC. The following are the main proposed amendments:

- In Art 7, it introduces an obligation to effect the service of a within one month of receipt of the document by the receiving agency. It also provides that the receiving agency shall inform the transmitting agency immediately, if it has not been possible to effect service.

- In view of divergent approaches in the Member States with respect to a time limit for the refusal to accept a document, a common time limit of one week within which the addressee can refuse to accept the document by returning it is introduced. It should also be clarified that the addressee may exercise his right also immediately at the time of service directly with the person serving the document. Furthermore, an obligation to inform the addressee in writing about his right to refuse to accept the document is introduced since the Commission Report indicates that currently the addressee is not always informed of his right to refuse to accept the document. The receiving agency shall inform the addressee about his right using the standard form in the Annex.

- Art 8(3): In view of the fact that the Regulation does not expressly provide for a rule concerning the legal consequences of a justified refusal to accept the document in accordance with Art 8 (1), there is currently a case pending at the European Court of Justice with respect to that question. For reasons of legal certainty, the Regulation itself should provide for an explicit rule for such cases.

- Currently, several Member States have invoked derogations in accordance with Article 9 (3), on the basis that the double-date system is not known in their national procedural laws. Those Member States do, however, have equivalent rules in order to protect the rights of the applicant (e.g. by providing that prescription is interrupted through the seizure of the court).

- Art 11 (4): In order to facilitate access to justice, this paragraph provides that costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State addressed shall correspond to a fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination.

- Article 14: This amendment aims at further facilitating the application of the Regulation by introducing a uniform rule for all Member States concerning postal services. Currently, the identification of the conditions applicable in a specific Member State is not user-friendly. The paragraph provides for a uniform requirement (registered letter with acknowledgement of receipt or equivalent) which is applicable already in many Member States. This requirement guarantees with sufficient certainty that the addressee has received the document, and that there is sufficient proof thereof.

- Article 15: The deletion of paragraph 2 which provides for a possibility for Member States to oppose themselves to direct service will further facilitate the application of the Regulation by introducing a uniform rule for all Member States.

- Article 15a: In order to improve legal certainty for the applicant and the addressee and for reasons of consistency, this paragraph provides – as a clarification - that the rules concerning the refusal to accept the document (Article 8), and the rules concerning the date of service (Article 9), shall apply to the means of transmission and service provided for in this section (i.e. Articles 12 to 15). This modification clarifies also that the language rules of Article 8 also apply for service by postal services.

- Articles 17 and 23: The requirement for the adoption of the manual of receiving agencies and the glossary by a Commission Decision (Article 17) should be deleted as well as the requirement of the publication of the information communicated by Member States in the Official Journal (Article 23). Instead, this paragraph provides that a rule equivalent to Articles 19 and 22 of Council Regulation 1206/2001/EC on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is introduced since Articles 17 and 23 unnecessarily complicate making available the information communicated by Member States.

Documents

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/1/url
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2005-11-17T00:00:00
docs
title: PE364.955
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Committee draft report
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EP
docs/4
date
2006-08-28T00:00:00
docs
title: SP(2006)3801
type
Commission response to text adopted in plenary
body
EC
docs/5
date
2006-08-28T00:00:00
docs
title: SP(2006)3801
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Commission response to text adopted in plenary
body
EC
docs/5/docs/0/url
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docs/7
date
2007-07-10T00:00:00
docs
summary
type
Commission communication on Council's position
body
EC
docs/7/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2007/0400/COM_COM(2007)0400_EN.pdf
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http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2007/0400/COM_COM(2007)0400_EN.pdf
docs/8
date
2007-07-10T00:00:00
docs
summary
type
Commission communication on Council's position
body
EC
docs/8
date
2007-07-30T00:00:00
docs
title: PE392.291
type
Committee draft report
body
EP
docs/8/docs/0/url
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docs/9
date
2007-07-30T00:00:00
docs
title: PE392.291
type
Committee draft report
body
EP
events/0
date
2005-07-06T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/7
date
2006-11-30T00:00:00
type
Modified legislative proposal published
body
EC
docs
summary
All amendments adopted by the European Parliament are accepted by the Commission in their entirety.
events/8
date
2007-06-27T00:00:00
type
Council position published
body
CSL
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8703%2F07&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 08703/5/2007
summary
events/11
date
2007-12-10T00:00:00
type
Final act published in Official Journal
summary
docs
events/11
date
2007-10-08T00:00:00
type
Committee recommendation tabled for plenary, 2nd reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-6-2007-0366_EN.html title: A6-0366/2007
events/15
date
2007-12-10T00:00:00
type
Final act published in Official Journal
summary
docs
events/15/docs/1/url
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2007-07-30T00:00:00
docs
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body
EP
docs/6
date
2006-12-01T00:00:00
docs
summary
All amendments adopted by the European Parliament are accepted by the Commission in their entirety.
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docs
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docs
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CSL
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2007-07-10T00:00:00
docs
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Commission communication on Council's position
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2007-07-30T00:00:00
docs
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2007-10-08T00:00:00
docs
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EP
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2006-02-02T00:00:00
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2006-02-02T00:00:00
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date
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2005-09-15T00:00:00
rapporteur
name: GAUZÈS Jean-Paul group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/1
body
EP
responsible
True
committee
JURI
date
2005-09-15T00:00:00
committee_full
Legal Affairs
rapporteur
group: PPE-DE name: GAUZÈS Jean-Paul
committees/2
type
Former Committee Opinion
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
opinion
False
committees/2
body
EP
responsible
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
council
  • body: CSL type: Council Meeting council: Environment meeting_id: 2812 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2812*&MEET_DATE=28/06/2007 date: 2007-06-28T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2794 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2794*&MEET_DATE=19/04/2007 date: 2007-04-19T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2732 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2732*&MEET_DATE=01/06/2006 date: 2006-06-01T00:00:00
docs
  • date: 2005-11-17T00:00:00 docs: title: PE364.955 type: Committee draft report body: EP
  • date: 2006-01-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE367.857 title: PE367.857 type: Amendments tabled in committee body: EP
  • date: 2006-02-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-24&language=EN title: A6-0024/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2006-02-14T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0231)(documentyear:2006)(documentlanguage:FR) title: CES0231/2006 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2006-08-28T00:00:00 docs: url: /oeil/spdoc.do?i=4482&j=0&l=en title: SP(2006)3801 type: Commission response to text adopted in plenary
  • date: 2007-07-10T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2007/0400/COM_COM(2007)0400_EN.pdf title: COM(2007)0400 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2007&nu_doc=400 title: EUR-Lex summary: The Commission can accept the common position which, although modifying some specific features of the Commission’s original proposal as amended following Parliament’s opinion, remains faithful to the objective of further improving and expediting the transmission and service of documents for service between the Member States. All amendments of Parliament were included in the amended proposal of the Commission and also in the common position. The Commission accepts the common position in the light of the fact that it includes the key elements included in its initial proposal (in particular the important amendment to Article 11 (costs) and Parliament’s amendments as incorporated into its amended proposal. type: Commission communication on Council's position body: EC
  • date: 2007-07-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE392.291 title: PE392.291 type: Committee draft report body: EP
  • date: 2007-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-0366&language=EN title: A6-0366/2007 type: Committee recommendation tabled for plenary, 2nd reading body: EP
  • date: 2007-11-13T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F07&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03661/2007/LEX type: Draft final act body: CSL
  • date: 2013-12-04T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0858 title: EUR-Lex title: COM(2013)0858 summary: The Commission presents a report on the application of Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents). The report recalls that co-operation between the judicial authorities of the Member States of the European Union is a keystone for a European area of freedom, security and justice. Such cooperation is particularly necessary in order to ensure an efficient transmission of judicial and extrajudicial documents for purposes of service between the Member States. Prior to any Union action on this matter, the cross-border service of documents between Member States was mainly governed by the 1965 Hague Convention on the service of documents. On 29 May 2000, the European Union adopted Regulation (EC) No 1348/20002 laying down procedural rules to facilitate the cross-border transmission of documents. On 1 October 2004, the European Commission adopted a report on the application of the 2000 Regulation which concluded that that the level of knowledge of those involved in the application of the Regulation, in particular local bodies, needed to be improved. Thus, the Commission proposed an amendment in 2005 and as of 13 November 2008, the 2000 Regulation was replaced by Regulation (EC) No 1393/2007 of the European Parliament and the Council. The 2007 Regulation stipulated that no later than 1 June 2011 and every five years thereafter the Commission should review the application of the Regulation and propose amendments if necessary. This Report presents the Commission's first assessment of the application of the 2007 Regulation for the period running from 2008 to 2012. The application of the 2007 Regulation : in general, it may be concluded that the Regulation operates well and has reached its objective to increase legal certainty in cross-border service of documents as well as speed and efficiency in transmission between Member States. Nevertheless, some points merit attention in order to evaluate whether and how the system of service between Member States may be further improved. The report notes that the increasing judicial integration of Member States has brought to light the limits of the current text of the Regulation. In the light of the role of the Regulation in the entire framework of judicial cooperation in civil justice matters, particularly in the light of the abolition of exequatur, a deeper integration within the Union, for instance by way of minimum standards on service, may be considered . Furthermore, even if the delays for cross-border service have been progressively reduced, an efficient conduct of judicial proceedings in Europe requires further progress to be made . The report focuses, in particular, on the following issues: - Electronic service of documents : electronic service is an emerging method to serve documents within Member States. In most systems where such method of service exists, citizens (usually commercial or financial institutions) register with the courts, thus permitting to be served directly by electronic means. Currently, the Regulation does not mention electronic service. The question has been raised in certain Member States whether foreign citizens could register into the national electronic service system and whether a service effected on such foreigners should be considered a cross-border service for purposes of the application of the Regulation. The answer to this question has important consequences, such as whether the right to refuse a document which is not written in one of the languages foreseen in Article 8 of the Regulation applies. It should be considered whether electronic service should be available at cross-border level and if and how the Regulation should apply in such a case. - Abolition of exequatur : the gradual abolition of exequatur raises the question on the need of a higher degree of harmonisation concerning national civil procedural rules, in general , and concerning rules on service of documents, in particular. As a result of disparities between Member States, it is uncertain currently in which circumstances the protection ensured by the Regulation actually applies. In particular, it is not sure that foreign defendants will be protected, where appropriate, by the Regulation's rules on the right to refuse to accept a document, the date of service, and the rights of the defence in the event of default. The question arises to what extent such disparities between Member States' laws and the resulting lack of legal certainty for citizens are appropriate in the context of judicial cooperation in the European Union, particularly in the light of the abolition of exequatur where the protection of the rights of the defense is a crucial element to be safeguarded across borders. Several questions have been raised with respect to the scope of the Regulation . A satisfactory operation of the Regulation may require clarification regarding the scope of the instrument at Union level. It may be appropriate now to consider the need to address this legal uncertainty, in particular by way of common minimum standards on which documents should be served on foreign parties, on whom such service may take place, and at which moment in time service should take place . In this way, a more uniform protection of defendants across the Union would be ensured and would without any doubt enhance legal certainty and the protection of the rights of the defence . The report also highlights the following: the problems relating to the speed of transmission and service, the jurisdiction of the transmitting agencies, the issue of language and of the right to refuse the act if it is not drafted in an official language of the place where service is effected or in a language which the addressee understands, the costs of the service of documents, the transmission procedures (direct transmission). Next steps : this report will serve to encourage a broad public debate on the role of the Service Regulation in the Union's civil justice area and how in particular the service of documents may be further improved. type: Follow-up document body: EC
events
  • date: 2005-07-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0305/COM_COM(2005)0305(COR1)_EN.pdf title: COM(2005)0305 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=0305 title: EUR-Lex summary: PURPOSE: transmission and service in the Member States of judicial and extrajudicial documents. LEGISLATIVE ACT: Regulation of the European Parliament and of the Council. CONTENT: On 29 May 2000, the Council adopted Regulation 1348/2000/EC on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. The Regulation aims at expediting the transmission of documents which is to be made directly between local bodies (transmitting and receiving agencies) designated by the Member States. Since the entry into force of Regulation 1348/2000/EC on 31 May 2001, the Commission has sought to receive as much information as possible about the application of the Regulation. The Commission has therefore gathered information and discussed the application of the Regulation on various occasions. Furthermore, a Study on the application of the Regulation has been made by a contractor of the Commission. Lastly, the Commission adopted the Report on the Application of the Regulation foreseen in Article 24 of the Regulation. The Report concludes that since its entry into force in 2001, the application of the Regulation has generally improved and expedited the transmission and the service of documents between Member States. Nevertheless, in the period of adaptation which is still ongoing, many persons involved in the application of the Regulation, in particular local bodies, still do not have sufficient knowledge about the Regulation. Furthermore, the application of certain provisions of the Regulation is not fully satisfactory. The Commission Report indicates that – compared with the situation under the 1965 Hague Convention on the Service of Documents - the application of the Regulation has made the transmission and the service of documents faster. While the amount of time required for transmission and service has generally been reduced to 1 to 3 months, in some cases up to 6 months are still required. Such delays for the transmission and service of documents between Member States are unacceptable in a European area of justice in civil and commercial matters. This proposal amends several paragraphs of Articles 7, 8, 9, 11, 14, 15, 17 and 23 of Regulation 1348/2000/EC. The following are the main proposed amendments: - In Art 7, it introduces an obligation to effect the service of a within one month of receipt of the document by the receiving agency. It also provides that the receiving agency shall inform the transmitting agency immediately, if it has not been possible to effect service. - In view of divergent approaches in the Member States with respect to a time limit for the refusal to accept a document, a common time limit of one week within which the addressee can refuse to accept the document by returning it is introduced. It should also be clarified that the addressee may exercise his right also immediately at the time of service directly with the person serving the document. Furthermore, an obligation to inform the addressee in writing about his right to refuse to accept the document is introduced since the Commission Report indicates that currently the addressee is not always informed of his right to refuse to accept the document. The receiving agency shall inform the addressee about his right using the standard form in the Annex. - Art 8(3): In view of the fact that the Regulation does not expressly provide for a rule concerning the legal consequences of a justified refusal to accept the document in accordance with Art 8 (1), there is currently a case pending at the European Court of Justice with respect to that question. For reasons of legal certainty, the Regulation itself should provide for an explicit rule for such cases. - Currently, several Member States have invoked derogations in accordance with Article 9 (3), on the basis that the double-date system is not known in their national procedural laws. Those Member States do, however, have equivalent rules in order to protect the rights of the applicant (e.g. by providing that prescription is interrupted through the seizure of the court). - Art 11 (4): In order to facilitate access to justice, this paragraph provides that costs occasioned by the employment of a judicial officer or of a person competent under the law of the Member State addressed shall correspond to a fixed fee laid down by that Member State in advance which respects the principles of proportionality and non-discrimination. - Article 14: This amendment aims at further facilitating the application of the Regulation by introducing a uniform rule for all Member States concerning postal services. Currently, the identification of the conditions applicable in a specific Member State is not user-friendly. The paragraph provides for a uniform requirement (registered letter with acknowledgement of receipt or equivalent) which is applicable already in many Member States. This requirement guarantees with sufficient certainty that the addressee has received the document, and that there is sufficient proof thereof. - Article 15: The deletion of paragraph 2 which provides for a possibility for Member States to oppose themselves to direct service will further facilitate the application of the Regulation by introducing a uniform rule for all Member States. - Article 15a: In order to improve legal certainty for the applicant and the addressee and for reasons of consistency, this paragraph provides – as a clarification - that the rules concerning the refusal to accept the document (Article 8), and the rules concerning the date of service (Article 9), shall apply to the means of transmission and service provided for in this section (i.e. Articles 12 to 15). This modification clarifies also that the language rules of Article 8 also apply for service by postal services. - Articles 17 and 23: The requirement for the adoption of the manual of receiving agencies and the glossary by a Commission Decision (Article 17) should be deleted as well as the requirement of the publication of the information communicated by Member States in the Official Journal (Article 23). Instead, this paragraph provides that a rule equivalent to Articles 19 and 22 of Council Regulation 1206/2001/EC on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is introduced since Articles 17 and 23 unnecessarily complicate making available the information communicated by Member States.
  • date: 2005-09-06T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-01-31T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by Jean-Paul GAUZÈS (EPP-ED, FR) approving the proposal on the service of judicial and extrajudicial documents in civil or commercial matters. It adopted a few amendments (under the 1st reading of the codecision procedure) with a view to clarifying the text in places, particularly with regard to the translation of documents served to an addressee. MEPs specified inter alia that, where the addressee has exercised the option of refusing to accept a document at the time of service, documents subsequently served in the same case as a continuation of the procedure must be written in or translated into a language understood by the addressee or an official language of the receiving Member State.
  • date: 2006-02-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-24&language=EN title: A6-0024/2006
  • date: 2006-06-01T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2732*&MEET_DATE=01/06/2006 title: 2732 summary: The Council agreed on a general approach on a proposal for a Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, pending the European Parliament's opinion at first reading. This proposal is aimed at Regulation 1348/2000/EC of 29 May 2000 with a view to improving and expediting the transmission and service of this kind of documents between the Member States, simplifying the application of certain provisions of the Regulation and improving legal certainty for the applicant and for the addressee.
  • date: 2006-07-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4482&l=en title: Results of vote in Parliament
  • date: 2006-07-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-288 title: T6-0288/2006 summary: The European Parliament adopted a report by Jean-Paul GAUZÈS (EPP-ED, FR) and made some amendments to the proposal. (Please see the summary of 31/01/2006.) The main ones are as follows: - The addressee should be informed in writing that he or she may refuse to accept the document to be served at the time of service or by sending the document to the receiving agency within one week if it is not either in a language which he or she understands or in an official language of the place of service. This rule should also apply to the subsequent service once the addressee has exercised his or her right of refusal. These rules on refusal should also apply to service by diplomatic or consular agents, service by postal services and direct service . - The receiving agency should continue to take all necessary steps to serve the document also in cases where it has not been possible to effect service within the month, for example because the defendant has been away from his or her home on holiday or away from his or her office on business. Furthermore, in order to avoid an open-ended obligation for the receiving agency to take steps to serve a document, the transmitting agency should be able to specify a deadline in the standard form after which service is no longer required. -The Commission should draw up a manual containing information relevant for the proper application of this Regulation, which should be published in the European Judicial Network in civil and commercial matters. The Commission and the Member States should do their utmost to ensure that this information is up to date and complete, especially as regards the contact details of receiving and transmitting agencies. -A review clause has been added, requiring the Commission to consider amending the Regulation by June 2011 and every five years thereafter.
  • date: 2006-12-01T00:00:00 type: Modified legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0751/COM_COM(2006)0751_EN.pdf title: COM(2006)0751 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2006&nu_doc=0751 title: EUR-Lex summary: All amendments adopted by the European Parliament are accepted by the Commission in their entirety.
  • date: 2007-06-28T00:00:00 type: Council position published body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8703%2F07&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 08703/5/2007 summary: The Council’s common position was adopted by unanimity. It remains faithful to the text agreed between the European Parliament and the Council and thus also to a large extent to the Commission's amended proposal. Only where the text of the amended proposal diverged from the agreed text or where amendments were necessary for other reasons have changes been made. The main changes made in the common position concern the following issues: - the common position is a coordinated and comprehensive version of the Regulation incorporating the amendments adopted by the European Parliament (and not a mere amendment of Regulation (EC) 1348/2000); - express exclusion of liability of the State for actions or omissions in the exercise of state authority ("acta iure imperii") from the scope (Article 1(1)); - a new paragraph is inserted to highlight the non participation of Denmark (new paragraph 3 in Article 1). The Council has equally as a consequence of the exclusion of Denmark made the appropriate adjustments in the Annexes; - comitology: regulatory procedure with scrutiny instead of advisory procedure (Articles 17 and 18); - publication of information communicated by Member States 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 23(2)). - new Annex II (information of the addressee about his right to refuse to accept a document). Other amendments are of a more formal nature and have been made to render the text easier to read. - Article 2(2)(b): the European Parliament and the Council had agreed on the insertion of a new recital (EP amendment 7). The Commission in its amended proposal had duly inserted this new recital (Recital 8), but had also inserted a provision in Article 2(2)(b). As such a new provision had not been agreed between the European Parliament and the Council, the Council has deleted the added provision. The common position thus follows the agreed approach; - Article 19 (Defendant not entering an appearance): the wording the Commission's amended proposal diverged slightly from that of Article 19 of Regulation No 1348/2000 in the sense that there was no longer any mentioning of a document being "delivered" to the defendant. Since no amendment of Article 19 had been agreed between the European Parliament and the Council, the Council has reverted to the previous text in its common position.
  • date: 2007-07-12T00:00:00 type: Committee referral announced in Parliament, 2nd reading body: EP
  • date: 2007-10-04T00:00:00 type: Vote in committee, 2nd reading body: EP summary: By adopting the recommendation for second reading contained the codecision report drafted by Jean-Paul GAUZES (EPP-ED, FR), the Committee on Legal Affairs proposed to approve, without amendment, the Council common position for adopting a regulation of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ("Service of documents") and repealing Council Regulation (EC) No 1348/2000.
  • date: 2007-10-08T00:00:00 type: Committee recommendation tabled for plenary, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-0366&language=EN title: A6-0366/2007
  • date: 2007-10-24T00:00:00 type: Decision by Parliament, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-446 title: T6-0446/2007 summary: The European Parliament adopted a resolution drafted by Jean-Paul GAUZES (EPP-ED, FR), and approved the Council common position on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ("Service of documents").
  • date: 2007-11-13T00:00:00 type: Final act signed body: CSL
  • date: 2007-11-13T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2007-12-10T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States. LEGISLATIVE ACT: Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000. CONTENT: Since its entry into force in 2001, Council Regulation (EC) No 1348/2000 has generally improved and expedited the transmission and the service of documents between Member States. Nevertheless, the application of certain provisions of the Regulation is not fully satisfactory. This Regulation repeals Regulation (EC) No 1348/2000 and aims to further improve the transmission and service of documents and to strengthen legal security for both the applicant and the addressee. The 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 or omissions in the exercise of state authority ( acta iure imperii ). In addition, the Regulation shall not apply where the address of the person to be served with the document is not known. The main amendments contained in the new Regulation are as follows: A provision by which the receiving agency shall itself serve the document, in any event within one month of receipt; A new form aiming to inform the addressee that he may refuse to accept a given document within one week of the document being served; A provision establishing that the 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; Standard conditions regarding the service of judicial documents by postal services (by registered letter with acknowledgement of receipt or equivalent); The use of the regulatory procedure with scrutiny relating to the updating or to the making of technical amendments to the standard forms set out in Annexes I and II. The Commission will publish, in the Official Journal of the European Union, the information communicated by the Member States in accordance with the Regulation, 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. No later than 1 June 2011, and every five years thereafter, the Commission shall present a report on the application of this Regulation. The report shall be accompanied, if need be, by proposals for adaptations of this Regulation in line with the evolution of notification systems. Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application. ENTRY INTO FORCE: 30/12/2007. APPLICATION: from 13/11/2008, with the exception of Article 23 (communication and publication) which applies from 13/08/2008. docs: title: Regulation 2007/1393 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007R1393 title: OJ L 324 10.12.2007, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2007:324:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
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JURI/6/51520
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  • JURI/6/51520
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007R1393
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007R1393
procedure/instrument
Old
Regulation
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  • Regulation
  • Repealing Regulation (EC) No 1348/2000 1999/0102(CNS) Amended by 2018/0204(COD)
procedure/legal_basis/0
EC Treaty (after Amsterdam) EC 061-
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EC Treaty (after Amsterdam) EC 061
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Old
  • 7.40.02 Judicial cooperation in civil and commercial matters
New
7.40.02
Judicial cooperation in civil and commercial matters
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  • Repealing Regulation (EC) No 1348/2000
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=0305
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http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0305/COM_COM(2005)0305(COR1)_EN.pdf
activities/3/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-24&language=EN
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-0024&language=EN
links/European Commission/title
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PreLex
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EUR-Lex
activities
  • date: 2005-07-07T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=0305 celexid: CELEX:52005PC0305:EN type: Legislative proposal published title: COM(2005)0305 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco
  • date: 2005-09-06T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • date: 2006-01-31T00:00:00 body: EP committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE type: Vote in committee, 1st reading/single reading
  • date: 2006-02-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-24&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0024/2006 body: EP committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE type: Committee report tabled for plenary, 1st reading/single reading
  • body: CSL meeting_id: 2732 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2732*&MEET_DATE=01/06/2006 type: Debate in Council title: 2732 council: Justice and Home Affairs (JHA) date: 2006-06-01T00:00:00 type: Council Meeting
  • date: 2006-07-04T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4482&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-0288 type: Decision by Parliament, 1st reading/single reading title: T6-0288/2006 body: EP type: Results of vote in Parliament
  • date: 2006-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0751/COM_COM(2006)0751_EN.pdf celexid: CELEX:52006PC0751:EN type: Modified legislative proposal published title: COM(2006)0751 type: Modified legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: FRATTINI Franco
  • date: 2007-04-19T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2794
  • body: CSL meeting_id: 2812 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8703%2F07&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 08703/5/2007 council: Environment date: 2007-06-28T00:00:00 type: Council Meeting
  • date: 2007-07-12T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul
  • date: 2007-10-04T00:00:00 body: EP committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul type: Vote in committee, 2nd reading
  • date: 2007-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-0366&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0366/2007 body: EP committees: body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul type: Committee recommendation tabled for plenary, 2nd reading
  • date: 2007-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-446 type: Decision by Parliament, 2nd reading title: T6-0446/2007 body: EP type: Decision by Parliament, 2nd reading
  • date: 2007-11-13T00:00:00 body: CSL type: Final act signed
  • date: 2007-11-13T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2007-12-10T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007R1393 title: Regulation 2007/1393 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2007:324:TOC title: OJ L 324 10.12.2007, p. 0001
committees
  • body: EP responsible: True committee: JURI date: 2007-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul
  • body: EP responsible: True committee: JURI date: 2005-09-15T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE-DE name: GAUZÈS Jean-Paul
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: FRATTINI Franco
procedure
dossier_of_the_committee
JURI/6/51520
reference
2005/0126(COD)
instrument
Regulation
legal_basis
stage_reached
Procedure completed
summary
Repealing Regulation (EC) No 1348/2000
subtype
Legislation
title
Service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject
7.40.02 Judicial cooperation in civil and commercial matters