The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘the Convention’) simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation.

Many countries, including the Member States except the Republic of Austria and Malta, are parties to the Convention. The Republic of Austria and Malta have expressed their interest in becoming parties to the Convention. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States.

The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention.

The Council should therefore authorise the Republic of Austria to sign and ratify, and Malta to accede to, the Convention, in the interest of the Union. The Member States retain their competence in those areas of the Convention which do not affect Union rules or alter their scope, in accordance with Article 3(2) of the Treaty on the Functioning of the European Union.

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,