Regulation 1393/2007 aims to put in place a standardised transmission procedure and it applies to civil or comercial matters when it is necessary to transmit judicial or extrajudicial documents for service form one Member State (transmitting State) to another (receiving State).
Procedures:
- Agencies designated by the Member States. They are responsible for transmitting and receiving documents. Also each Member State also has a central body for supplying information to the agencies, resolving any difficulties that may arise and forwarding requests for service by the transmitting agency to the relevant receiving agency in exceptional circumstancies. A State with several legal systems may name more that one such agency or central body.
- Registered post with a receipt.
- Via the judicial offers (oficial or other competent persons).
- Via consular or diplomatic channels (exceptional circumstancies).
A member State has right to the refuse the document when:
- If it is not written in an understanding language or it's not written in the oficial lenguaje of the Member State where service takes place.
A judgment may not bie pronunced until it is sure that the document was served according to the Member State's domestic law.
Regulation 1393/2007 doesn't apply when the address of the person to be served is unknow. To know if a person is domiciled on a Member State, we apply the definition of the Member State.
No hay comentarios:
Publicar un comentario