NOUL REGULAMENT COMUNITAR PRIVIND COMUNICAREA ŞI NOTIFICAREA DE ACTE JUDICIARE ŞI EXTRAJUDICIARE ÎN STRĂINĂTATE ÎN MATERIE CIVILĂ ŞI COMERCIALĂ
The New EC Regulation on the of Judicial and Extrajudicial Documents in Civil or Commercial Matters

Summary/Abstract: As of 13 November 2008, the Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters will be replaced by Regulation (EC) No 1393/2007 which has been adopted on the 13 November 2007. In this paper I will examine the mechanism for servicing documents abroad under the new Regulation, as well as the most important modifications with respect to Council Regulation (EC) No 1348/2000: the introduction of a rule providing that the receiving agency shall take all necessary steps to effect the service of the document as soon as possible, and in any event within one month of receipt; the introduction of a new standard form to inform the addressee about his right to refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week; the introduction of a rule providing that costs occasioned by recourse to a judicial officer or to a person competent under the law of the Member State addressed shall correspond to a single fixed fee laid down by that Member State in advance which respects the principles of proportionality and nondiscrimination; the introduction of uniform conditions for service by postal services (registered letter with acknowledgement of receipt or equivalent).

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