Study on the service of documents : Comparative legal analysis of the relevant laws and practices of the Member States ; Final report

This study provides a comparative overview of how domestic service of judical and extra-judical documents is effected in all EU MSs. Areas covered span a broad range of questeions including: the identification of relevant actors (e.g.. initiator, executor and addressee of service), the analysis of available methods of service (personal, substituted, by post, through electonic channels, constructive), difficulties in finding the addressee, default of appearance and default judgments, remedies and cure of defective service. The study also includes some questions of cross-border or transnational service. The goal is to identify the areas in which the systems of service of the MSs converge or diverge, to identify where divergence may affect cross-border service of documents and to provide recommendations and suggestions in view of possible uniform answers for the European judical space.

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Year of publication:	2016-10-05
Authors:	Simoni, Alessandro ; Pailli, Giacomo
Institutions:	Europäische Kommission / Generaldirektion Justiz und Verbraucher (contributor) ; Università degli Studi di Firenze (contributor) ; DMI (contributor) ; Uppsala universitet (contributor)
Subject:	Dienstleistung \| service \| Dokument \| document \| E-Mail \| e-mail \| EU \| Europäisches Recht \| European Law \| Post \| postal service \| Rechtsanwendung \| legal usage \| Rechtsprechung \| jurisdiction \| Urteil \| judgment or sentence

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1. Abstract and executive summary
1.1 Abstract
1.2 Summary
1.2.1 Background and general findings
1.2.2 Recommendations
2. The project
2.1 Sources of information and data
2.2 The questionnaire and supporting infrastructure
2.3 Targets and dissemination
2.4 Collection of answers and coverage
2.5 Country summary
3. Comparative analysis
3.1 Introduction
3.2 Which types of documents are to be served and on which occasions
3.2.1 Definition of "documents instituting proceedings"
3.2.2 Service of judgements
3.2.3 Service and enforcement proceedings
3.2.4 Service of extra-judical documents
3.3 Who requests service to be performed [the initiator)
3.4 By whom service is performed (the executor]
3.5 Who is to be served
3.5.1 Service on legal persons
3.5.2 Lawyers and authorised representatives
3.5.3. Foreign person or company
3.5.4 Servide to minors, incapacitated addressees; service on deceased persons
3.5.5 Service on multiple addressees
3.6. Available methods of service of documents - General comments
3.6.1 Available, effective and preferred methods of service
3.6.2 Special methods
3.6.3 Possibility to agree on methods or places of service
3.6.4 Certification/written record of delivery
3.6.5 What is delivered to the addressee
3.6.6 Hierachy between methods of service
3.6.7 Confidentiality
3.7 Personal service and substituted service - Place of service
3.7.1 Personal service
3.7.2 Place of service
3.7.2.1 Service on natural persons
3.7.2.2 Service on legal persons
3.7.3 Substituted Service
3.7.3.1 Service on substituting recipient
3.7.3.2 Other ways substituting personal service
3.7.3.3 General remarks on the substituted service methods

Persistent link: https://www.econbiz.de/10011799436