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Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)
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In exceptional circumstances, each Member State may use diplomatic or consular channels to transmit judicial documents for the purpose of service to the receiving agencies or central bodies of another Member State.
1.Each Member State may effect service of judicial documents on persons residing in another Member State, without the use of coercive measures, directly through its diplomatic agents or consular officers.
2.A Member State may communicate to the Commission that it is opposed to service of judicial documents, as referred to in paragraph 1, within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate.
The service of judicial documents may be effected directly by postal services on persons present in another Member State by registered letter with acknowledgement of receipt or equivalent.
1.The service of judicial documents may be effected directly on a person who has a known address for service in another Member State by any electronic means of service available under the law of the forum Member State for the domestic service of documents, provided that:
(a)the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 and the addressee gave prior express consent to the use of electronic means for serving documents in the course of legal proceedings; or
(b)the addressee gave prior express consent to the court or authority seised of the proceedings or to the party responsible for service of documents in such proceedings to the use of email sent to a specified email address for the purpose of serving documents in the course of those proceedings and the addressee confirms receipt of the document with an acknowledgement of receipt, including the date of receipt.
2.In order to guarantee the security of transmission, any Member State may specify and communicate to the Commission the additional conditions under which it will accept electronic service referred to in point (b) of paragraph 1, where its law sets stricter conditions in that respect or does not allow electronic service by email.
1.Any person with an interest in particular judicial proceedings may effect the service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State in which the service is sought, provided that such direct service is permitted under the law of that Member State.
2.A Member State that allows direct service shall provide the Commission with information regarding which professions or competent persons are permitted to effect the direct service of documents in their territory. The Commission shall make that information available through the European e-Justice Portal.
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