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SCHEDULE 3Decisions taken in accordance with paragraph 3 of Article 5 of Regulation (EC) No. 1370/2007

PART 3Applications to the Court

Starting proceedings

20.—(1) Where proceedings are started by a person he must serve the originating process on the Department within 7 days after the date of issue.

(2) Subparagraph (3) applies where proceedings are started alleging a breach of a requirement or suspension imposed by or under paragraph 21 or paragraph 22 where the contract has not been fully performed.

(3) In those circumstances the person must, as soon as practicable, send a copy of the originating process to any other person who is a party to the contract in question.

(4) The Department must, as soon as is practicable, comply with any request from the person who has started the proceedings for any information that he may reasonably require for the purpose of complying with subparagraph (3).

(5) In this paragraph “serve” means serve in accordance with rules of court and for the purposes of this paragraph an originating process is deemed to be served on the day on which it is deemed by rules of court to be served.