Regulation (EU) 2020/1784 of the European Parliament and of the CouncilShow full title

Article 12 U.K. Refusal to accept a document

1. The addressee may refuse to accept the document to be served if the document is not written in, or is not accompanied by a translation into, either:

(a) a language which the addressee understands; or

(b) the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected.

2. The receiving agency shall inform the addressee of the right provided for in paragraph 1 where the document is not written in, or is not accompanied by a translation into, a language referred to in point (b) of that paragraph, by enclosing with the document to be served form L in Annex I, which shall be provided in:

(a) the official language or one of the official languages of the Member State of origin; and

(b) a language referred to in point (b) of paragraph 1.

If there is an indication that the addressee understands an official language of another Member State, form L in Annex I shall also be provided in that language.

Where a Member State translates form L in Annex I into a language of a third country, it shall communicate that translation to the Commission with a view to making it available on the European e-Justice Portal.

3. The addressee may refuse to accept the document either at the time of service or within two weeks of the time of service by making a written declaration of refusal of acceptance. For that purpose, the addressee may either return to the receiving agency form L in Annex I or a written declaration stating that the addressee refuses to accept the document because of the language in which it was served.

4. Where the receiving agency is informed that the addressee refuses to accept the document pursuant to paragraphs 1, 2 and 3, it shall immediately inform the transmitting agency by means of the certificate of service or non-service, using form K in Annex I, and return the request and, where available, each document of which a translation is requested.

5. The service of the refused document may be remedied through the service on the addressee, in accordance with this Regulation, of that document together with a translation into a language provided for in paragraph 1. In such a case, the date of service of the document shall be the date on which the document and its translation were served in accordance with the law of the Member State addressed. However, where the law of a Member State requires a document to be served within a particular period, the date to be taken into account with respect to the applicant shall be the date of the service of the initial document, determined in accordance with Article 13(2).

6. Paragraphs 1 to 5 apply also to the other means of transmission and service of judicial documents provided for in Section 2.

7. For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers in cases where service is effected in accordance with Article 17, and the authority or person in cases where service is effected in accordance with Article 18, 19 or 20 shall inform the addressee that the addressee may refuse to accept the document and that either form L in Annex I or a written declaration of refusal must be sent to those agents or officers or to that authority or person respectively.