Hardback
The European Service Regulation
A Commentary
9781800884014 Edward Elgar Publishing
Presenting 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 guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.
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Critical Acclaim
Contributors
Contents
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Presenting 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
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.
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
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.
Critical Acclaim
‘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
– 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
Contributors
Contributors: Apostolos Anthimos, Gilles Cuniberti, Stefano Dominelli, Pietro Franzina, Burkhard Hess, Alexandros Ioannis Kargopoulos, Christian Koller, Kevin Labner, Elena Alina Onţanu, Marta Requejo Isidro, Vincent Richard, Andreas Stein, Michael Stürner
Contents
Contents:
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
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
