Court service across the national border

Within Europe, the rules applicable to foreign service have been modernised with the European Regulation on the Service of Documents, VO (EU) 2020/1784 since 1 July 2022. The Regulation maintains a system that has already existed within the EU since the 1997 Convention and is intended to contribute to the simplification and acceleration of judicial service. Outside Europe, the Hague Service Convention of 1965 applies with regard to most countries.

Here are some practical tips for action:

You have received a service of a judicial document from outside the EU?

First steps:

As with domestic procedures: Keep envelope with date stamp!
Check that a translation of all documents is attached
If no translation is enclosed or it appears that not all documents are translated: Is a form enclosed informing you of your right to refuse to accept the documents?

Your rights and deadlines to observe:

In the absence of a translation, service within the EU will take effect if you do not exercise your right to refuse acceptance within the time limit provided.
The right to refuse acceptance does not have to be exercised at the time of delivery, but may be exercised by subsequent declaration.
The deadline was previously one week and has been extended to two weeks since 1.7.2022.
This time limit only runs if the form informing about this right is also attached.

We will be happy to check with you whether it makes sense to exercise the right to refuse acceptance.

In the case of language skills, there is no right to a translation, thus no right to refuse acceptance.
There is no right to a translation into the language of the state addressed - a language that the recipients understand (e.g. English) is sufficient.
If acceptance is refused, service may be effected subsequently with an attached translation. For the party who initiated service (e.g. the plaintiff), already the first attempt to effect service without a translation is relevant with regard to complying with time limits, and in particular suspending the limitation period.
If acceptance is refused, time limits for the recipient only start to run from the time of re-delivery.
If the mere saving of time is not a relevant aspect of the dispute, it may also make sense to obtain a translation yourself and let service stand against you.

You have just learned of proceedings abroad but have not received service of process?

Here, too, European civil procedure law provides for standardised basic rules that protect the rights of defence of the defendant. Defendants thus have several opportunities to defend themselves against an action in the course of civil proceedings. Depending on the stage of the original proceedings, the strategy may differ.

According to Art. 22 of the Regulation on Service of Documents, Art. 28 of the Brussels Ia Regulation, whenever the defendant has not entered an appearance (has not declared his or her intention to defend the action), a court in a Member State must check whether the document instituting the proceedings (the action) was actually served on the defendant before giving a decision.
If a decision has nevertheless been rendered, Art. 22(4) of the Regulation on Service of Documents grants the defendant a right of reinstatement. The statement of defence or an objection to a default judgment can therefore often be filed after the deadline has expired.
If the plaintiff seeks enforcement of the judgment in another Member State, the defendant may apply for refusal of recognition and enforcement, Art. 45(1)(b) Brussels Ia Regulation. The effect of the judgment in the state of enforcement thus ceases. The same applies to judgments from third countries.

However, the defences against a judgment given without service of process require that the remedies available against the judgment in the State of origin have been used.

We will be happy to check with you whether you should defend yourself against the claim abroad and, if necessary, arrange for a quick briefing of local correspondent lawyers.