Euroopan oikeusportaali - Asiakirjojen tiedoksianto

TOIMIVALTAISTEN TUOMIOISTUINTEN/VIRANOMAISTEN HAKU

Seuraavan hakutoiminnon avulla voi hakea tuomioistuimia/viranomaisia, jotka ovat toimivaltaisia tietyn EU-tason oikeudellisen välineen suhteen. Huom. Vaikka annettujen tietojen täsmällisyys on pyritty varmistamaan kaikin mahdollisin keinoin, saattaa toimivallan määrittelyssä poikkeustapauksissa olla puutteita.

Article 2(1) – Transmitting agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(2) – Receiving agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(4)(c) – Means of receipt of documents

Documents will be transmitted by fax and post.

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

The standard form will be acceptable in English and French.

Article 3 – Central body

The Master (Queen’s Bench and Appeals)

Royal Courts of Justice

Chichester Street

Belfast BT1 3JF

United Kingdom

Tel.: (44-28) 90 72 47 06

Fax: (44-28) 90 23 51 86

e-mail: FrontOfHouseOfficeRCJ@courtsni.gov.uk

Communication will be by means of letter, fax, e-mail and telephone and the central body will be responsible for checking translations.

Article 4 – Transmission of documents

Apart from English, the United Kingdom will accept standard request forms which are completed in French.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

The United Kingdom intends to derogate from these provisions on the basis that the complexities of its law on time-limits and limitation periods would only be exacerbated by this Article. It is important that the date of service can be identified with certainty as it determines the time from which a party may enter a default judgment. The UK does not consider that the precise meaning of this provision, and its intended operation in practice, is sufficiently clear; it could therefore increase the potential for confusion. Accordingly it believes that this matter is best left to national law, at least until it has had an opportunity to assess how it works in practice in the other Member States following implementation of the Regulation.

Article 10 – Certificate of service and copy of the document served

Northern Ireland would prefer that the documents be in English, which is the official language.

Article 11 – Costs of service

A fee of £45 is charged although there is no fee payable for service on a limited company. To clarify this, documents to be served on individuals are served personally but service on limited companies is effected by post.

Article 13 – Service by diplomatic or consular agents

The United Kingdom does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

Article 15 – Direct service

Northern Ireland is opposed to the possibility of direct service provided for by Article 15(1).

Article 19 – Defendant not entering an appearance

In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.

Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:

When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.

Last update: 25/10/2018

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Serving documents