Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee 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)

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. Service of documents is part of each and every judicial case. A speedy and secure transmission of documents is thus crucial for the good administration of justice and the protection of the rights of parties, in particular of defendants, in legal proceedings.

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 1348/2000 laying down procedural rules to facilitate the cross-border transmission of documents ("the 2000 Regulation"). The Regulation applied to all Member States of the European Union except Denmark. However, its application was extended to Denmark by way of a parallel agreement concluded between the Union and Denmark.

On 1 October 2004, the European Commission adopted a report on the application of the 2000 Regulation. The report concluded that the application of the Regulation had improved the transmission and service of documents between Member States since its entry into application in 2001. Nevertheless, the report also stated that the level of knowledge of those involved in the application of the Regulation, in particular local bodies, needed to be improved and that an adaptation of certain provisions of the Regulation could further improve and facilitate the application of the Regulation. Thus, the Commission proposed an amendment in 2005.

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"). This Regulation equally applies to Denmark under the parallel agreement between the EU and Denmark. The most important modifications introduced by the 2007 Regulation are:
- a requirement for the receiving agency to take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt;
- the creation of a new standard form to inform the addressee about his right to refuse the document;
- the introduction of a single fixed fee for the costs of service, laid down by the Member States in advance; and
- uniform conditions for service by post.

Article 24 of the 2007 Regulation stipulates 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. The Commission launched a study in 2011 in order to collect data and assess the application of the Regulation. The study contains a legal analysis and an empirical part based on a survey conducted among various groups of stakeholders from all Member States. This Report presents the Commission's first assessment of the application of the 2007 Regulation for the period running from 2008 to 2012.

• Primary Source

EUR-Lex: COM(2013)858: Follow the progress of this report through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:858:FIN

ESO: Background information: Judicial documents circulate faster across borders, a new Commission report reveals http://www.europeansources.info/record/memo-judicial-documents-circulate-faster-across-borders-a-new-commission-report-reveals/

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