Amended proposal for a Council Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
C 311 E/112 EN Official Journal of the European Communities 31. 10. 2000 Amended proposal for a Council Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (1) (2000/C 311 E/04) COM(2000) 75 final - 1999/0102(CNS) (Submitted by the Commission pursuant to Article 250(2) of the EC-Treaty on 30 March 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular point (c) of Article 61 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament, Having regard to the Opinion of the Economic and Social Committee, (1) Whereas the Union has set itself the objective of main- taining and developing the Union as an area of freedom, security and justice, in which the free movement of persons is assured; whereas to establish such an area the the measures Community is to adopt, among others, relating to judicial cooperation in civil matters needed for the sound operation of the internal market. (2) Whereas the sound operation of the internal market entails the need to improve and expedite the transmission of in civil or commercial matters for service between the Member States. judicial and extrajudicial documents (3) Whereas this is a subject now falling within the ambit of Article 65 of the Treaty. (4) Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; whereas this Regu- lation confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose. (5) Whereas the Council, by Act dated 26 May 1997 (2), concluded a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters and recom- in mended it accordance constitutional requirements; whereas that Convention has not entered into force; whereas continuity in the results of the negotiations for conclusion of the Convention should be this Regulation is the content of ensured; whereas substantially taken over from it. for adoption by the Member States respective their with (1) OJ C 247 E, 31. 8. 1999, p. 11. (2) OJ C 261, 27. 8. 1997, p. 1. (6) Whereas efficiency and speed in judicial procedures in civil matters means that the transmission of judicial and extrajudicial documents is to be made direct and by rapid means between bodies designated by the Member States; whereas, however, the Member States may indicate their intention of preserving central bodies for a transitional period of five years; whereas this transitional arrangement is warranted by the need to adapt the Member States’ existing systems for transmission. (7) Whereas speed in transmission warrants the use of all appropriate means, provided that certain conditions as to the legibility and reliability of the document received are observed; whereas security in transmission requires that the document to be transmitted be accompanied by a pre-printed form, to be completed in the language of the place where service is to be effected, or in another language accepted by the Member State in question. (8) Whereas, to secure the effectiveness of the Regulation, the possibility of refusing service of documents is confined to exceptional situations. (9) Whereas speed of transmission warrants documents being served within days of reception of the document; whereas, however, if service has not been effected after one month has elapsed, the receiving agency should inform the trans- mitting agency; whereas the expiry of this period should not imply that the request be returned to the transmitting body where it is clear that service is feasible within a reasonable period. (10) Whereas, for the protection of the addressee’s interests, service should be effected in the language of the place where it is to be effected or in one of the languages of the originating Member addressee understands. State which the (11) Whereas, given the differences between the Member States as regards their rules of procedure, the material date for the purposes of service varies from one Member State to another; whereas in such situations this Regulation should provide for a double-date system, where it is the law of the receiving Member State which determines it, unless the relevant documents are to be served within a specified period; whereas the purpose of this is to protect both the addressee and the requesting party. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/113 (12) Whereas this Regulation prevails over to the the annexed Protocol the provisions applying to these matters, contained in international conventions concluded by the Member States, and in particular Brussels Convention of 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1) and the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in relations between the Member States party thereto; whereas the Regulation does not preclude Member States from maintaining or adopting measures to expedite the transmission of documents, provided that they are compatible with the Regulation; (13) Whereas the information transmitted pursuant to this Regulation should enjoy suitable protection; whereas the matter falls within the scope of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2), and of Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (3) (14) Whereas the Commission should be empowered to give effect to measures implementing this Regulation; whereas to that end it should be assisted by an advisory committee. (15) Whereas, no later than three years after the date of entry into force of the Commission should review its application and propose such amendments as may appear necessary. this Regulation, (16) Whereas, in accordance with Articles 1 and 2 of the Protocols on the position of the United Kingdom and these two Member States have notified their Ireland, the present decision to participate in the adoption of Regulation. In accordance with the protocol on the position of Denmark, this Member State is not partici- pating in the adoption of this Regulation; whereas this Regulation is accordingly not binding on Denmark, nor is it applicable in its regard, transmitted from one Member State to another for service there. This Regulation shall not apply where the address of the 2. domicile or habitual residence of the person to be served with the document is not known. Article 2 Transmitting and receiving agencies Each Member State shall designate the public officers, 1. authorities or other persons, hereinafter referred to as átrans- mitting agenciesí, competent for the transmission of judicial or extrajudicial documents to be served in another Member State. Each Member State shall designate the public officers, 2. authorities or other persons, hereinafter referred to as áreceiving agenciesí, competent for the receipt of judicial or extrajudicial documents from another Member State. 3. A Member State may designate one transmitting agency and one receiving agency or one agency to perform both legal functions. A federal State, a State in which several systems apply or a State with autonomous territorial units shall be free to designate more than one such agency. The designation shall have effect for a period of five years and may be renewed at five-year intervals. Each Member State shall provide the Commission with 4. the following information: a) the names and addresses of the receiving agencies referred to in paragraphs 2 and 3; b) the geographical areas in which they have jurisdiction; c) the means of receipt of documents available to them; and HAS ADOPTED THIS REGULATION: d) the languages that may be used for the completion of the standard form in the Annex. CHAPTER I General provisions Article 1 Scope 1. This Regulation shall apply in civil and commercial matters where a judicial or extrajudicial document has to be (1) OJ C 27, 26. 1. 1998, p. 17. (2) OJ L 281, 23. 11. 1995, p. 31. (3) OJ L 24, 30. 1. 1998, p. 1. The Member States subsequent modification of such information. shall notify the Commission of any Article 3 Central body Each Member State shall designate a central body responsible for: a) supplying information to the transmitting agencies; C 311 E/114 EN Official Journal of the European Communities 31. 10. 2000 b) seeking solutions to any difficulties which may arise during transmission of documents for service, including assistance in the case of a wrong address; Article 5 Translation of documents c) forwarding, in exceptional cases, at the request of a trans- for service to the competent mitting agency, a request receiving agency. A federal State, a State in which several legal systems apply or a State with autonomous territorial units shall be free to designate more than one central body. CHAPTER II Judicial Documents SECTION 1 T R A N S M I S S I O N A N D S E R V I C E O F J U D I C I A L D O C U M E N T S Article 4 Transmission of documents 1. Judicial documents shall be transmitted directly and as soon as possible between the agencies designated on the basis of Article 2. 2. The transmission of documents, requests, confirmations, receipts, certificates and any other papers between transmitting agencies and receiving agencies may be carried out by any the appropriate means, provided that document the received is document forwarded and that all information in it is easily legible. the true and faithful content of to that of 3. The document to be transmitted shall be accompanied by a request drawn up using the standard form in the Annex. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official languages of the place where service is to be effected, or in another language which that Member State has indicated it can accept. Each Member State shall indicate the official language or languages of the European Union other than its own which is or are acceptable to it for completion of the form. language or one of the official 1. The applicant shall be advised by the transmitting agency to which he or she forwards the document for transmission that the addressee may refuse to accept it if it is not in one of the languages provided for in Article 8. The applicant shall bear any costs of translation prior to 2. the transmission of the document, without prejudice to any possible subsequent decision by the court or competent authority on liability for such costs. Article 6 Receipt of documents by receiving agency 1. A receiving agency, on receipt of a document, shall, as soon as possible and in any event within seven days of receipt to the transmitting agency by the thereof, send a receipt swiftest possible means of transmission using the standard form in the Annex. the information or documents 2. Where the request for service cannot be fulfilled on the basis of the receiving agency shall contact the transmitting agency by the swiftest possible means to secure the missing in order information or documents. transmitted, If there are legitimate doubts as to whether or not a request for service falls within the scope of this Regulation, the opinion of the transmitting agency shall prevail, subject to the exception provided for in paragraph 3. 3. If, as a result of an obvious mistake, the request for service does not fall within the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted to the transmitting agency, shall be returned, on receipt, together with the notice of return in the standard form in the Annex. A receiving agency receiving a document for service but 4. not having territorial jurisdiction to serve it shall forward it, as well as the request, to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(3) and shall inform the transmitting agency accordingly, using the standard form in the Annex. That receiving agency shall inform the transmitting agency when it receives the document, in the manner provided for in paragraph 1. The documents and all papers that are transmitted shall 4. be exempted from legalisation or any equivalent formality. Article 7 Service of documents 5. When the transmitting agency wishes a copy of document referred to in Article 10, duplicate. returned together with the it shall send the document the certificate in to be The receiving agency shall itself serve the document or 1. have it served, either in accordance with the law of the Member State addressed or by a particular form requested by the transmitting agency, unless such a method is incompatible with the law of that Member State. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/115 All steps required for service of the document shall be 2. effected as soon as possible. In any event, if it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency by means of the certificate in the standard form in the Annex, which shall be drawn up under the conditions referred to in Article 10(2). The period shall be calculated in accordance with the law of the Member State addressed. The certificate shall be completed in the official language 2. or one of the official languages of the Member State of origin or in another language which the Member State of origin has indicated that it can accept. Each Member State shall indicate the official language or languages of the European Union other than its own which is or are acceptable to it for completion of the form. Article 8 Refusal to accept a document Article 11 Costs of service 1. The receiving agency shall inform the addressee that he or she may refuse to accept the document to be served if it is in a language other than either of the following languages: The service of judicial documents coming from a Member 1. State shall not give rise to any payment or reimbursement of taxes or costs for services rendered by the Member State addressed. a) 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; or 2. When required under the Member State addressed, the applicant shall pay or reimburse the costs occa- sioned by: the law of b) a language of the Member State of transmission which the addressee understands. a) the employment of a judicial officer or of a person competent under the law of the Member State addressed; the receiving agency is 2. Where the addressee refuses to accept the document in accordance with paragraph 1, immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request and the documents of which a trans- lation is requested. informed that it shall Article 9 Date of service 1. The date of service of a document pursuant to Article 7 shall be the date on which it is served in accordance with the law of the Member State addressed, without prejudice to Article 8. 2. Where a document must be served within a particular period in the context of proceedings to be brought or pending in the Member State of origin, the date to be taken into account with respect to the applicant shall be that fixed by the law of that Member State. Article 10 Certificate of service and copy of the document served the 1. When the formalities concerning the service of document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form in the Annex and addressed to the transmitting agency, together with, where Article 4(5) applies, a copy of the document served. b) the use of a particular method of service. S E C T I O N 2 O T H E R M E A N S O F T R A N S M I S S I O N A N D S E R V I C E O F J U D I C I A L D O C U M E N T S Article 12 Transmission by consular or diplomatic channels Each Member State shall be free, in exceptional circumstances, to use consular or diplomatic channels to forward judicial documents, for the purpose of service, to those agencies of to another Member State which are designated pursuant Article 2 or 3. Article 13 Service by diplomatic or consular agents Each Member State shall be free, in exceptional circumstances to effect service of judicial documents on persons residing in another Member State, without application of any compulsion, directly through its diplomatic or consular agents. Any Member State may declare that it is opposed to such service within its territory, unless the documents are to be served on nationals of the Member State in which the documents originate. C 311 E/116 EN Official Journal of the European Communities 31. 10. 2000 Article 14 Service by post Article 18 Committee Each Member State shall be free to effect service of to persons residing in 1. judicial documents directly by post another Member State. The Commission shall be assisted by a committee of an the the representatives of advisory nature composed of Member States and chaired by the representative of the Commission. Any Member State may specify the conditions under 2. which it will accept service of judicial documents by post. Article 15 Direct service 1. This Regulation shall not interfere with the freedom of any person interested in a judicial proceeding to effect service judicial documents directly through the judicial officers, of officials or other competent persons of the Member State addressed. CHAPTER III Extrajudicial Documents Article 16 Transmission Extrajudicial documents may be transmitted for service in another Member State in accordance with the provisions of this Regulation. CHAPTER IV Final Provisions Article 17 Implementing rules a draft of the Commission shall submit to the The representative of committee taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. the measures to be The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account. Article 19 Defendant not entering an appearance 1. Where a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service, under the provisions of this Regulation, and the judgment shall not be given defendant has not appeared, until it is established that: a) the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or b) the document was actually delivered to the defendant or to his residence by another method provided for by this Regu- lation; The Commission shall adopt, in accordance with the procedure prescribed by Article 18, rules for the purposes of: and that in either of these cases the service or the delivery was affected in sufficient time to enable the defendant to defend. a) drawing up and annually updating a manual containing the information provided by Member States in accordance with Article 2(4); 2. Each Member State shall be free to declare that the judge, notwithstanding the provisions of paragraph 1, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled: b) drawing up a glossary in the official the European Union of documents which can be served under this Regulation; languages of c) making amendments to the standard forms shown in the Annex; a) the document was transmitted by one of the methods provided for in this Regulation; b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; d) giving effect to implementing measures to expedite the transmission and service of documents. c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/117 Notwithstanding the provisions of paragraphs 1 and 2, 3. the judge may order, in case of urgency, any provisional or protective measures. Article 22 Protection of information transmitted 4. When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service, under the provisions of this Regulation, and a judgment has been entered against a defendant who has not appeared, to relieve the defendant from the effects of the expiration of the time for appeal the following conditions are if fulfilled: the judge shall have the power from the judgment a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal; and b) the defendant has disclosed a prima facie defence to the action on the merits. An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment. Each Member State may declare that such application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be less than one year following the date of the judgment. Paragraph 4 shall not apply to judgments concerning 5. status or capacity of persons. Article 20 Relationship with agreements or arrangements to which Member States are parties This Regulation shall, in relation to matters to which it 1. applies, prevail over other provisions contained in conventions concluded by the Member States, and in particular Article IV of the Protocol to the Brussels Convention of 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. 2. This Regulation shall not preclude the maintenance or transmission of adoption of provisions to expedite documents provided that they are compatible with the Regu- lation. Member States shall notify the Commission of drafts of the measures which they propose to adopt. the 1. Information, including in particular personal data, trans- mitted under this Regulation shall be used by the receiving agency only for the purpose for which it was transmitted. Receiving agencies shall ensure the confidentiality of such 2. information, in accordance with their national law. 3. Paragraphs 1 and 2 shall not affect national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation. This Regulation shall be without prejudice to Directives 4. 95/46/EC and 97/66/EC. Article 23 Publication The Commission shall publish in the Official the European Communities the information referred to in Articles 2, 3, 4, 9, 10, 13, 14, 15 and 19 and furnished by the Member States. Journal of Article 24 Review No later than three years after the date of entry into force of this Regulation, and every five years thereafter, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Regulation, paying special attention to the effectiveness of the bodies designated pursuant to Article 2 and to the practical application of point (c) of Article 3 and Article 9. The report legal transactions and the shall also cover those aspects of service of documents performed by electronic means for which a European regulatory framework should be devised at an early stage. Article 25 Entry into force Article 21 Legal aid This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. It applies from 1st October 2000. This Regulation shall be without prejudice to the relevant law relating to legal aid and, in particular, to Article 23 of the Convention on civil procedure of 17 July 1905, Article 24 of the Convention on civil procedure of 1 March 1954 and to Article 13 of justice of 25 October 1980 between the Member States parties to these Conventions. the Convention on international access Article 26 Addressees This Regulation shall be binding in its entirety and directly applicable in all Member States. C 311 E/118 EN Official Journal of the European Communities 31. 10. 2000 ANNEX REQUEST FOR SERVICE OF DOCUMENTS (Article 4(3) of the Regulation) (*) This item is optional Reference No 1. TRANSMITTING AGENCY 1. 1 Identity: 1. 2 Address: 1. 2. 1 Street and Number/PO Box: 1. 2. 2 Place and Code: 1. 2. 3 Country: 1. 3 Tel. No: 1. 4 Fax No (*): 1. 5 E-mail (*): 2. RECEIVING AGENCY 2. 1 Identity: 2. 2 Address: 2. 2. 1 Street and Number/PO Box: 2. 2. 2 Place and Code: 2. 2. 3 Country: 2. 3 Tel. No: 2. 4 Fax No (*): 2. 5 E-mail (*): 3. APPLICANT 3. 1 Identity: 3. 2 Address: 3. 2. 1 Street and Number/PO Box: 3. 2. 2 Place and Code: 3. 2. 3 Country: 3. 3 Tel. No (*): 3. 4 Fax No (*): 3. 5 E-mail (*) 4. ADDRESSEE 4. 1 Identity: 4. 2 Address: 4. 2. 1 Street and Number/PO Box: 4. 2. 2 Place and Code: 4. 2. 3 Country: 4. 3 Tel. No (*): 4. 4 Fax No (*): 4. 5 E-mail (*) 4. 6 Identification number/social security number/organisation number/or equivalent (*): 31. 10. 2000 EN Official Journal of the European Communities C 311 E/119 5. METHOD OF SERVICE 5. 1 In accordance with the law of the Member State addressed 5. 2 By the following particular method: 5. 2. 1 If this method is incompatible with the law of the Member State addressed, the document(s) should be served in accordance with the law: 5. 2. 1. 1 yes 5. 2. 1. 2 no 6. DOCUMENT TO BE SERVED (a) 6. 1 Nature of the document 6. 1. 1 Judicial 6. 1. 1. 1 writ of summons 6. 1. 1. 2 judgment 6. 1. 1. 3 appeal 6. 1. 1. 4 other: 6. 1. 2 Extrajudicial (b) 6. 2 Date or time-limit stated in the document (*): (c) 6. 3 Language of document: 6. 3. 1 original D EN DK ES FIN FR GR IT NL P S others: 6. 3. 2 translation (*) D EN DK ES FIN FR GR IT NL P S others: d) 6. 4 Number of enclosures: 7. A COPY OF DOCUMENT TO BE RETURNED WITH THE CERTIFICATE OF SERVICE (Article 4(5) of the Regulation) 7. 1 Yes (in this case send two copies of the document to be served) 7. 2 No 1. You are required by Article 7(2) of the Regulation to effect all steps required for service of the document as soon as possible. In any event, if it is not possible for you to effect service within one month of receipt, you must inform this Agency by means of the certificate provided for in point 13. 2. If you cannot fulfil this request for service on the basis of the information or documents transmitted, you are required by Article 6(2) of the Regulation to contact this Agency by the swiftest possible means in order to secure the missing information or document. Done at: Date: Signature and/or stamp: C 311 E/120 EN Official Journal of the European Communities 31. 10. 2000 Reference No. of the receiving agency: ACKNOWLEDGEMENT OF RECEIPT (Article 6 (1) of the Regulation) This acknowledgement must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt. 8. DATE OF RECEIPT: Done at: Date: Signature and/or stamp: 31. 10. 2000 EN Official Journal of the European Communities C 311 E/121 NOTICE OF RETURN OF REQUEST AND DOCUMENT (Article 6(3) of the Regulation) The request and document must be returned on receipt. 9. REASON FOR RETURN 9. 1 The request is manifestly outside the scope of the Regulation: 9. 1. 1 the document is not civil or commercial. 9. 1. 2 the service is not from one Member State to another Member State 9. 2 Non-compliance with formal conditions required makes service impossible: 9. 2. 1 the document is not easily legible 9. 2. 2 the language used to complete the form is incorrect 9. 2. 3 the document received is not a true and faithful copy 9. 2. 4 other (please give details): 9. 3 The method of service is incompatible with the law of that Member State (Article 7 (1) of the Regulation) Done at: Date: Signature and/or stamp: C 311 E/122 EN Official Journal of the European Communities 31. 10. 2000 NOTICE OF RETRANSMISSION OF REQUEST AND DOCUMENT TO THE APPROPRIATE RECEIVING AGENCY Article 6(4) of the Regulation) The request and document were forwarded on to the following receiving agency, which has territorial jurisdiction to serve it: 10. 1 IDENTITY: 10. 2 Address: 10. 2. 1 Street and Number/PO Box: 10. 2. 2 Place and Code: 10. 2. 3 Country: 10. 3 Tel. No: 10. 4 Fax No (*): 10. 5 E-mail (*): Done at: Date: Signature and/or stamp: 31. 10. 2000 EN Official Journal of the European Communities C 311 E/123 Reference No of the appropriate receiving agency: NOTICE OF RECEIPT BY THE APPROPRIATE RECEIVING AGENCY TO THE TRANSMITTING AGENCY (Article 6(4) of the Regulation) This notice must be sent by the swiftest possible means of transmission as soon as possible after receipt of the document and in any event within seven days of receipt. 11. DATE OF RECEIPT: Done at: Date: Signature and/or stamp: C 311 E/124 EN Official Journal of the European Communities 31. 10. 2000 CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS (Article 10 of the Regulation) The service shall be effected as soon as possible. In any event, if it has not been possible to effect service within one month of receipt, the receiving agency shall inform the transmitting agency (according to Article 7(2) of the Directive). 12. COMPLETION OF SERVICE (a) 12. 1 Date and address of service: (b) 12. 2 The document was (A) 12. 2. 1 served in accordance with the law of the Member State addressed, namely 12. 2. 1. 1 handed to 12. 2. 1. 1. 1 the addressee in person 12. 2. 1. 1. 2 another person 12. 2. 1. 1. 2. 1 Name: 12. 2. 1. 1. 2. 2 Address: 12. 2. 1. 1. 2. 2. 1 Street and Number/PO Box: 12. 2. 1. 1. 2. 2. 2 Place and Code: 12. 2. 1. 1. 2. 2. 3 Country: 12. 2. 1. 1. 2. 3 Relation to the addressee: Family Employee Others 12. 2. 1. 1. 3 the addressee’s address 12. 2. 1. 2 served by post 12. 2. 1. 2. 1 without acknowledgement of receipt 12. 2. 1. 2. 2 with the enclosed acknowledgement of receipt 12. 2. 1. 2. 2. 1 from the addressee 12. 2. 1. 2. 2. 2 another person 12. 2. 1. 2. 2. 2. 1 Name: 12. 2. 1. 2. 2. 2. 2 Address: 12. 2. 1. 2. 2. 2. 2. 1 Street and Number/PO Box: 12. 2. 1. 2. 2. 2. 2. 2 Place and Code: 12. 2. 1. 2. 2. 2. 2. 3 Country: 12. 2. 1. 2. 2. 2. 3 Relation to the addressee: Family Employee Others 12. 2. 1. 3 other method (please say how (B) 12. 2. 2 served by the following particular method (please say how): (C) 12. 2. 3 served by (title, address, phone or fax number) (c) 12. 3 The addressee of the document was informed (orally) (in writing) that he or she may refuse to accept it if language of the state of language of the place of service or in an official it was not in an official transmission which he or she understands. 13. INFORMATION IN ACCORDANCE WITH ARTICLE 7(2) It was not possible to effect service within one month of receipt. 14. REFUSAL OF DOCUMENT The addressee refused to accept the document on account of the language used. The documents are annexed to this certificate. 15. REASON FOR NON-SERVICE OF DOCUMENT 15. 1 Address unknown 15. 2 Addressee cannot be located 15. 3 Document could not be served before the date or time-limit stated in point 6. 2. 15. 4 Others (please specify): The documents are annexed to this certificate. Done at: Date: Signature and/or stamp: