CHAPTER IIIMINIMUM STANDARDS FOR UNCONTESTED CLAIMS PROCEDURES

Article 14Service without proof of receipt by the debtor

1

Service of the document instituting the proceedings or an equivalent document and any summons to a court hearing on the debtor may also have been effected by one of the following methods:

a

personal service at the debtor's personal address on persons who are living in the same household as the debtor or are employed there;

b

in the case of a self-employed debtor or a legal person, personal service at the debtor's business premises on persons who are employed by the debtor;

c

deposit of the document in the debtor's mailbox;

d

deposit of the document at a post office or with competent public authorities and the placing in the debtor's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;

e

postal service without proof pursuant to paragraph 3 where the debtor has his address in the Member State of origin;

f

electronic means attested by an automatic confirmation of delivery, provided that the debtor has expressly accepted this method of service in advance.

2

For the purposes of this Regulation, service under paragraph 1 is not admissible if the debtor's address is not known with certainty.

3

Service pursuant to paragraph 1, (a) to (d), shall be attested by:

a

a document signed by the competent person who effected the service, indicating:

  1. (i)

    the method of service used; and

  2. (ii)

    the date of service; and

  3. (iii)

    where the document has been served on a person other than the debtor, the name of that person and his relation to the debtor,

or

b)

an acknowledgement of receipt by the person served, for the purposes of paragraphs 1(a) and (b).