Description
Book SynopsisPresenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives balanced and informed guidance for the proper operation of judicial cooperation in civil and commercial matters within the EU in the field of cross-border service of documents.
First setting out the origins and evolution of the Regulation, the Commentary proceeds to analyse in forensic detail the relevant case law of both the European Court of Justice and national courts on cross-border service. It moreover points the reader to the pertinent legal scholarship from various EU jurisdictions, and provides a pathway for solving practical problems surrounding the service of documents between Member States of the European Union in civil and commercial proceedings.
Key Features:
- Systematic article-by-article analysis facilitates navigation and reference
- Integration of the relevant case law ensures a rounded interpretation of the Regulation
- Practical approach provides tangible guidance for complex cross-border proceedings
- Renowned team of contributors offer clarity and insight/
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Thanks to its in-depth but also practical analysis of each provision of the Regulation, the Commentary will be a valuable resource for judges, scholars and students of European procedural law, as well as for practitioners involved in cross-border civil and commercial litigation.
Trade Review‘Written clearly and concisely, this is an in-depth and highly up-to-date analysis of the cross-border service of documents system in the EU. A truly European Commentary based on a comparative approach; crucial reading for anyone involved in, or interested in, this important area of international private law - practitioners, judges, court staff and legal scholars alike.’ -- Aleš Galič, University of Ljubljana, Slovenia
‘This Commentary offers a thorough and comprehensive analysis of the European Service Regulation, which governs the use of service documents abroad within the European Union. The list of contributors is impressive and includes some of the leading experts in European private international law. It is an essential work for scholars and practitioners of international litigation. A safe guide for navigating the stormy sea of cross-border notifications.’ -- Michele Angelo Lupoi, Università di Bologna, Italy
‘The European Service Regulation
is a well-written and comprehensive analysis of the importance of cross border service of documents. It provides a clear and concise roadmap for anyone dealing with cross-border disputes and should be compulsory reading for all involved in the well-functioning of the EU judicial area.’ -- Marc Schmitz, International Union of Judicial Officers (UIHJ)
‘This comprehensive and carefully written article-by-article Commentary provides a valuable experts’ guide to all the novel features of the Recast Service Regulation. It deserves a prominent place on every practitioner’s physical or digital desk.’ -- Symeon C Symeonides, Willamette University, Oregon
Table of ContentsContents: The European Service Regulation: Introduction 1 Andreas Stein CHAPTER I GENERAL PROVISIONS 1 Scope 27 Apostolos Anthimos 2 Definitions 59 Elena Alina Onţanu 3 Transmitting and receiving agencies 64 Marta Requejo Isidro 4 Central body 68 Marta Requejo Isidro 5 Means of communication to be used by transmitting agencies, receiving agencies and central bodies 71 Marta Requejo Isidro 6 Legal effects of electronic documents 76 Burkhard Hess 7 Assistance in address enquiries 79 Burkhard Hess CHAPTER II JUDICIAL DOCUMENTS 8 Transmission of documents 86 Michael Stürner 9 Translation of documents 93 Gilles Cuniberti 10 Receipt of documents by receiving agency 96 Michael Stürner 11 Service of documents 101 Michael Stürner 12 Refusal to accept a document 105 Gilles Cuniberti 13 Date of service 120 Vincent Richard 14 Certificate of service and copy of the document served 129 Stefano Dominelli 15 Costs of service 143 Stefano Dominelli 16 Transmission by diplomatic or consular channels 156 Christian Koller 17 Service by diplomatic agents or consular officers 160 Kevin Labner 18 Service by postal services 168 Vincent Richard 19 Electronic service 177 Apostolos Anthimos 20 Direct service 191 Pietro Franzina CHAPTER III EXTRAJUDICIAL DOCUMENTS 21 Transmission and service of extrajudicial documents 198 Pietro Franzina CHAPTER IV FINAL PROVISIONS 22 Defendant not entering an appearance 205 Apostolos Anthimos 23 Amendment of Annex I 236 Apostolos Anthimos 24 Exercise of the delegation 239 Apostolos Anthimos 25 Adoption of implementing acts by the Commission 243 Apostolos Anthimos 26 Committee procedure 246 Apostolos Anthimos 27 Reference implementation software 249 Elena Alina Onţanu 28 Costs of the decentralised IT system 255 Elena Alina Onţanu 29 Relationship with agreements or arrangements between Member States 260 Apostolos Anthimos 30 Legal aid 265 Apostolos Anthimos 31 Protection of information transmitted 267 Alexandros Ioannis Kargopoulos 32 Respect for fundamental rights under Union law 286 Alexandros Ioannis Kargopoulos 33 Communication, publication and manual 299 Apostolos Anthimos 34 Monitoring 302 Apostolos Anthimos 35 Evaluation 306 Apostolos Anthimos 36 Repeal 309 Apostolos Anthimos 37 Entry into force and application 311 Apostolos Anthimos Bibliography 313 Index
