Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)
Corrected by
Corrigendum to Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), 32020R1784R(03), July 27, 2023
Corrigendum to Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), 32020R1784R(04), October 26, 2023
Corrigendum to Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), 32020R1784R(05), February 2, 2024
Regulation (EU) 2020/1784 of the European Parliament and of the Councilof 25 November 2020on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)(recast)CHAPTER IGENERAL PROVISIONSArticle 1Scope1.This Regulation applies to the cross-border service of judicial and extrajudicial documents in civil or commercial matters. It does not apply, in particular, to revenue, customs or administrative matters or to the liability of a Member State for actions or omissions in the exercise of state authority (acta iure imperii).2.With the exception of Article 7, this Regulation does not apply where the address of the person to be served with a document is not known.3.This Regulation does not apply to the service of a document in the forum Member State on a representative authorised by the person to be served, regardless of the place of residence of that person.Article 2DefinitionsFor the purposes of this Regulation, the following definitions apply:(1)"forum Member State" means the Member State in which the judicial proceedings take place;(2)"decentralised IT system" means a network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.Article 3Transmitting and receiving agencies1.Each Member State shall designate the public officers, authorities or other persons competent for the transmission of judicial or extrajudicial documents to be served in another Member State ("transmitting agencies").2.Each Member State shall designate the public officers, authorities or other persons competent for the receipt of judicial or extrajudicial documents from another Member State ("receiving agencies").3.Member States may designate separate transmitting agencies and receiving agencies or designate one or more agencies to perform both functions. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than one such agency. The designation shall have effect for a period of five years and may be renewed for further five-year periods.4.Each Member State shall provide the Commission with the following information:(a)the names and addresses of the receiving agencies referred to in paragraphs 2 and 3;(b)the geographical areas in which those receiving agencies have jurisdiction;(c)the means by which those receiving agencies are able to receive documents where Article 5(4) applies; and(d)the languages that may be used for the completion of the forms set out in Annex I.Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.Article 4Central bodyEach Member State shall designate a central body that is responsible for:(a)supplying information to the transmitting agencies;(b)seeking solutions to any difficulties which may arise during the transmission of documents for service;(c)forwarding, in exceptional cases, a request for service to the competent receiving agency at the request of a transmitting agency.Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units may designate more than one central body.Article 5Means of communication to be used by transmitting agencies, receiving agencies and central bodies1.Documents to be served, requests, confirmations, receipts, certificates and communications carried out on the basis of the forms in Annex I between transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of different Member States, shall be transmitted through a secure and reliable decentralised IT system. That decentralised IT system shall be based on an interoperable solution such as e-CODEX.2.The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the documents to be served, requests, confirmations, receipts, certificates and communications transmitted through the decentralised IT system.3.Where the documents to be served, requests, confirmations, receipts, certificates and other communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.4.Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability and security.Article 6Legal effects of electronic documentsDocuments that are transmitted through the decentralised IT system shall not be denied legal effect or considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form.Article 7Assistance in address enquiries1.Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, that Member State shall provide assistance in determining the address in, at least, one of the following ways:(a)providing for designated authorities to which transmitting agencies may address requests on the determination of the address of the person to be served;(b)allowing persons from other Member States to submit requests, including electronically, for information about addresses of persons to be served directly to domicile registries or other publicly accessible databases by means of a standard form available on the European e-Justice Portal; or(c)providing detailed information, through the European e-Justice Portal, on how to find the addresses of persons to be served.2.Each Member State shall provide the Commission with the following information with a view to making it available through the European e-Justice Portal:(a)the means of assistance which the Member State will provide in its territory pursuant to paragraph 1;(b)where applicable, the names and contact details of the authorities referred to in points (a) and (b) of paragraph 1;(c)whether the authorities of the Member State addressed submit, on their own initiative, requests to domicile registries or other databases for information about addresses in cases where the address indicated in the request for service is not correct.Member States shall notify the Commission of any subsequent modification of the information referred to in the first subparagraph.