Automatic processing

Information on the current status to communicate electronically with national courts.


In recent years more and more Member States have introduced changes in law which allow for the use of modern communication and information technologies in civil judicial proceedings. These changes allow communication between the judicial authorities and the parties concerned with the proceedings by new channels such as the internet.

In some cases procedures may be initiated by an electronic application sent by the claimant via the internet to the court; in other cases courts have the authority to serve judicial documents electronically to the parties; and in other cases all communications are conducted electronically. There are some Member States, where the use of internet for communication purposes is accepted for almost all kind of civil proceedings, while in others it is restricted to certain special types of proceedings.

The use of modern communication technologies in civil proceedings must not jeopardise the fundamental rights of the parties involved. Access to justice may not be prevented by the fact that a certain means of communication technology is not available to a party. In addition to that, national legislation should ensure that communication via the internet does not threaten the appropriate protection of sensitive data used in the course of the proceedings.

Please select the relevant country's flag to obtain detailed national information.


This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice with regard to copyright rules for European pages.

Last update: 18/01/2019

Automatic processing - Belgium

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

This issue is covered by the ‘Phenix laws’, more specifically:

  • the Law of 10 July 2006 on legal proceedings conducted by electronic means (loi relative à la procédure par voie électronique) (Belgian Official Gazette of 7 September 2006);
  • the Law of 5 August 2006 amending certain provisions of the Judicial Code for legal proceedings conducted by electronic means (loi modifiant certaines dispositions du Code judiciaire en vue de la procédure par voie électronique) (Belgian Official Gazette of 7 September 2006).

The Phenix laws owe their name to the IT project of the same name that aims to provide computer access to all the courts in Belgium so that the entire legal process can be conducted electronically in due course.

Since 31 December 2012, two laws have gradually come into force in addition to the Phenix laws referred to above. These are:

  • the Law of 31 December 2012 laying down various provisions, particularly in the area of justice (loi portant dispositions diverses, spécialement en matière de justice);
  • the Law of 31 December 2012 laying down various provisions in the area of justice (loi portant dispositions diverses en matière de justice).

However, this gradual entry into force does not yet mean that legal proceedings can be carried out electronically, as these provisions are mainly those that could also be applied to written legal proceedings. ‘Conventional’ non-electronic legal proceedings therefore remain the rule for the time being.

In the meantime, court registries and public prosecution secretariats have been provided with a case-management IT application enabling them to process all documents and information electronically. Furthermore, numerous options are being studied to enable procedural documents and evidence to be submitted to court registries electronically.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Not applicable.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Not applicable.

4 Should the details of the claim be provided in any particular format?

Not applicable.

5 How is transmission and storage of data secured?

Not applicable.

6 Is it necessary to use any kind of electronic signature and/or time record?

Not applicable.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Not applicable.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Not applicable.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Not applicable.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Not applicable.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Not applicable.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Article 32 ter of the Judicial Code (Code judiciaire) provides that any notification or communication to or any filing with the courts and tribunals, public prosecution service or judicial services, including court registries and public prosecution secretariats, or any notification or communication to a lawyer, court officer or notary by the courts or tribunals, public prosecution service or judicial services, including court registries and public prosecution secretariats, or by a lawyer, court officer or notary can be carried out using the judicial IT system.

Based on this provision, the e-Box network has been set up for notifications or communications and for filings, and the e-Deposit system has been set up more specifically for filing conclusions, submissions and evidence in civil and criminal matters.

These tools can only be used in the courts listed in a ministerial order.

13 Can judicial documents, and particularly judgments, be served via the internet?

Not applicable.

14 Can judicial decisions be given electronically?

Not applicable.

15 Can an appeal be made and its decision served via the internet?

Not applicable.

16 Is it possible to initiate enforcement proceedings via the internet?

Not applicable.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Not applicable.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 25/01/2019

Automatic processing - Bulgaria

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Bulgarian law does not provide for such an option. Applications are submitted in writing to a court registry and should be written in Bulgarian. Applications may be sent through the post but not by fax or email.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

See the answer to Question 1.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

See the answer to Question 1.

4 Should the details of the claim be provided in any particular format?

See the answer to Question 1.

5 How is transmission and storage of data secured?

See the answer to Question 1.

6 Is it necessary to use any kind of electronic signature and/or time record?

See the answer to Question 1.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

See the answer to Question 1.

8 Is it possible to withdraw a claim that has been initiated via the internet?

See the answer to Question 1.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

See the answer to Question 1.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

See the answer to Question 1.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

See the answer to Question 1.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Under Bulgarian law, procedural actions by parties in civil and commercial cases are not considered valid if they are performed electronically and signed with an electronic signature. Parties bring a case before a court by means of an application written in Bulgarian and bearing their signatures. An application may be handed to the office of the clerk of the relevant court or addressed and sent to the court by post.

Article 184 of the Code of Civil Procedure (GPK) allows electronic documents as well as paper documents to be presented as evidence in civil and commercial cases. The electronic document may be presented to the court on paper. If contested by the opposing party, the document should be submitted on an electronic medium. In the absence of the equipment and staff needed to reproduce the electronic document in a court hearing, the party that submitted the electronic document may be required by the court to provide the other parties with an electronic copy.

The procedure for challenging an electronic document, and in particular the electronic signature that is a mandatory feature of an electronic document, is laid down in the Electronic Document and Electronic Signature Act.

The only provision made by the Code of Civil Procedure for online procedural action is the attachment of a debtor’s claims in enforcement proceedings. This legal framework is part of the enforcement process and the action is carried out by a bailiff.

13 Can judicial documents, and particularly judgments, be served via the internet?

Article 42(4) of the Code of Civil Procedure allows communications to be served on a party in a civil or commercial case by email. Communications are deemed to have been served when they are entered in the specified information system, and service is attested by a copy of the relevant electronic record, in accordance with Article 44(3) of the Code.

14 Can judicial decisions be given electronically?

See the answer to Question 13.

15 Can an appeal be made and its decision served via the internet?

See the answer to Question 13.

16 Is it possible to initiate enforcement proceedings via the internet?

Bulgarian law does not provide for this. See the last subparagraph of the answer to Question 12.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Public access to judicial decisions is available (without having to register) via the website of the Supreme Judicial Council of the Republic of Bulgaria: Link opens in new windowhttp://legalacts.justice.bg/. Judicial decisions can be searched for using a number of criteria, namely ‘court’, ‘type of case’, ‘year’, ‘case number’, and ‘keywords’. Advanced searches using more specific criteria are also possible. As a result of the search, a party to the case, or their representative, can download the judicial decision in ‘.doc’ format. Decisions are published as soon as they are taken, subject to the requirements of the Personal Data Protection Act and the Classified Information Protection Act. Decisions are published in such a way that the natural and legal persons named in them cannot be identified. Decisions in cases concerning the civil or health status of individuals are published without their grounds.

Furthermore, the website of each court allows the progress of cases and the related judicial decisions to be monitored. Judicial decisions and information on the progress of cases can be found using the search criteria listed above, and the decisions are published in the manner described. As a result of the search, the party to the case, or their representative, can download the judicial decision taken in ‘.doc’ format.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 08/12/2017

Automatic processing - Czech Republic

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, any claim may be made electronically in the Czech Republic.

Claims may be issued (a) by electronic mail with a certified electronic signature, or (b) by data box, i.e. a special electronic repository intended for the delivery and implementation of acts vis-a-vis a public authority. These procedures are equivalent to the standard written format. A claim may also be submitted through normal electronic mail, without a certified electronic signature, but here the filing must be followed up within three days through the submission of an identical text in standard written form or by the methods described in (a) and (b) above. The details of all these procedures are set out in the response to question 6.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

A claim may be issued by electronic means for any case. An electronic payment order may only be made electronically.

The procedure for an electronic payment order is a specific shortened procedure. The claimant lodges a claim using an electronic form, filled in on the ePodatelna website Link opens in new windowhttp://epodatelna.justice.cz/ and signs it using a certified electronic signature. The claimant can claim an amount of up to CZK 1 million, and the conditions for issuing an electronic payment order include the correct completion of the form and payment of a court fee. Provided all the conditions are met, the court may issue an electronic payment order. In it, it orders the defendant to pay the claim and the costs of the proceedings within 15 days of its receipt, or to lodge an appeal to the court that issued it. An electronic payment order that has not been appealed has the effect of a final judgement. If any one of the defendants appeals within the time allowed, the electronic payment order is cancelled in full and the court will order a hearing.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

An electronic claim may be issued at any time.

In the case of a claim made by electronic mail with a certified electronic signature, the ePodatelna Link opens in new windowhttp://epodatelna.justice.cz/ website can be used (although this is only available in Czech). A claim may also be made to the e-mail address of the appropriate court registry. Registry e-mail addresses can be found on Link opens in new windowhttp://portal.justice.cz/Justice2/Uvod/Soudy.aspx.

In the case of a claim issued to a court data box, the identifiers for data boxes of the relevant court can be found in the public administration portal, in the list of data box holders (Link opens in new windowhttp://seznam.gov.cz/) – in the “State Administration bodies” section, or in the Ministry of Justice website Link opens in new windowhttps://www.justice.cz/ under the contact details for individual courts.

4 Should the details of the claim be provided in any particular format?

As a general rule, transactions may be executed in any format, unless a specific format has been prescribed by law for certain acts. It is more important for filings to be comprehensible and clear.

When using certain electronic procedures, claimants may be restricted by the technical parameters applying to different means of communication. For example, when using the ePodatelna portal Link opens in new windowhttp://epodatelna.justice.cz/ (see questions 2, 3 and 6) the maximum size of all attachments is restricted to 10 MB and the acceptable document formats are pdf, rtf, xls, doc and txt. In the same way, the size of messages in communications to data boxes are limited to 10 MB and the acceptable formats for data messages sent to data boxes are pdf, PDF/A, xml (if it corresponds to the publicly available XSD schema published by the data message recipient), fo/zfo, html/htm, odt, ods, odp, txt, rtf, doc/docx, xls/xslx, ppt/pptx, jpg/jpeg/jfif, png, tif/tiff, gif, mpeg1/mpeg2, wav, mp2/mp3, isdoc/isdocx, edi, dwg, shp/dbf/shx/prj/qix/sbn/sbx, dgn and gml/gfs/xsd. Filings made to an email address should use the HTML format, PLAIN TEXT with coded text coded text - ISO-8559-2, ISO - 8559-1(LATIN-1),Unicode or UTF-8. The size of the email, including attachments, is limited to 5 MB. Supported operating systems include: Windows 98, Windows 2000, Windows 2003, Windows XP, Windows Vista (in the case of Windows Vista a problem has been identified with certain HW storage of electronic qualified certificates (e.g. Smart card reader SCR3320), no electronic filings can currently be signed or sent using this reader – a filing can be signed and sent if the pfx file (p 12) is specified in the Java Applet and a password for a private key is entered). A claimant who decides to use the ePodatelna portal or a data box can refer to the instructions and user manual on the relevant webpages for information.

5 How is transmission and storage of data secured?

Courts and bailiffs proceed according to the legislation regulating the protection of personal data (in particular Act No. 101/2000 Coll., on personal data protection) and other relevant legal regulations.

6 Is it necessary to use any kind of electronic signature and/or time record?

Three different electronic procedures can be used to file a claim in ordinary civil proceedings:

First, a claim can be lodged by electronic mail with a certified electronic signature. A certified electronic signature is defined in Section 11 of Act No. 227/2000 Coll., on electronic signatures; it is (a) a guaranteed signature based on a qualified certificate issued by a Czech accredited provider of certification services and containing information enabling the unequivocal identification of the signatory (the list of accredited providers in the Czech Republic is available on the Czech Interior Ministry website Link opens in new windowhttp://www.mvcr.cz/clanek/prehled-udelenych-akreditaci.aspx) or (b) a guaranteed electronic signature based on a qualified certificate issued by a provider of certification services based outside the territory of the Czech Republic, where the qualified certificate is issued as part of the services entered in the list of trusted certificating services as a service which the provider of certified services is accredited to provide, or as a services whose provision is supervised in accordance with the relevant EU regulation. This type of filing is equivalent to the standard written form. A claimant who wishes to file in this way should consult the ePodatelna website Link opens in new windowhttp://epodatelna.justice.cz/. The claim can also be sent to the e-mail address of the appropriate court registry. Registry e-mail addresses can be found on Link opens in new windowhttp://portal.justice.cz/Justice2/Uvod/Soudy.aspx under the contact details for individual courts.

Secondly, a data box may be used, which is a special electronic repository intended for the delivery and implementation of acts vis-a-vis a public authority in the Czech Republic. Data boxes are primarily regulated by Act No. 300/2008 Coll., on electronic acts and authorised document conversation. This type of filing is equivalent to the standard written format. Details of the data box system can be found on the website Link opens in new windowhttp://www.datoveschranky.info/, and user access to the account is via the webpage Link opens in new windowhttps://www.mojedatovaschranka.cz/. All the courts are equipped with data boxes. Identifiers of data boxes for individual courts can be found on the public administration portal in the list of data box holders (Link opens in new windowhttp://seznam.gov.cz/) – in the “State Administration Bodies” section”, of on the Ministry of Justice website Link opens in new windowhttps://www.justice.cz/ in the contact details for the individual courts.

Thirdly, a claim may also be filed using simple electronic mail without a verified signature. However, this type of the filing must be followed up within three days through the submission of an identical text in standard written form or by the methods described above, otherwise the court will disregard it (Section 42 of the Code of Civil Procedure).

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Yes, court proceedings incur a fee. The claimant can pay the fee, which is based on a fee scale, either to the account of the court in question held at the Czech National Bank or – provided it is no more than CZK 5,000 – by fiscal stamp. If the fee is not paid when the claim is lodged, the court will call on the claimant to pay it, set a specific deadline and inform him/her of the consequences of non-payment. On expiration of the deadline, the proceedings are suspended.

Fees and the method of their payment for proceedings initiated by electronic submissions are no different from the method of payment for proceedings initiated in a standard manner. The exception is the electronic payment order procedure, where the court fee is slightly lower than for ordinary civil proceedings.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes. A filing that was made over the internet can be withdrawn in the same way as a filing made in the standard way. The withdrawal can be done electronically or in the standard way.

As far as a claim is concerned, the claimant may withdraw it in whole or in part until such time as the court’s ruling has become final. If the application is withdrawn the court will suspend the proceedings, completely or within the scope of the withdrawn application. If the application to initiate proceedings is withdrawn after the court has ruled on the case, but the ruling is not yet final, the court will also decide within the scope of the withdrawn application whether to withdraw the decision. Should the other parties disagree with the withdrawal of the application for good reason, the court will decide that the withdrawal of the application is not effective, except in certain specific proceedings. (Section 96 of the Code of Civil Procedure)

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

A defendant may communicate using the internet, but it is not compulsory to do so.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

If the defendant responds to an electronic payment order within the statutory time allowed, the electronic payment order is cancelled in full, the court orders a hearing and the court proceedings proceed in the normal way, i.e. standard civil court proceedings in the first instance.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

If the defendant does not respond to an electronic payment order within the statutory time allowed, the electronic payment order acquires the force of a final judgement.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Documents may be served on the court in electronic form for any type of proceedings. The technical details are set out in the response to question no. 4.

13 Can judicial documents, and particularly judgments, be served via the internet?

The court delivers to data boxes of entities that have established them. For more on data boxes, see the response to question no. 6.

The court may also deliver documents and judgements by electronic mail with a certified signature to an email address the addressee has provided to the court, provided the addressee has requested or consented to the delivery of the materials by the court in this way and provided it has identified an accredited provider of certification services, which has issued its qualified certification and keeps records of it, or has submitted its own valid qualified certification. For details of qualified certificates, see the response to question no. 6. For the delivery to have effect, the addressee must confirm receipt by data message within 3 days of the document having been sent (e.g. to the e-mail address of the relevant court) with its guaranteed electronic signature.

14 Can judicial decisions be given electronically?

Judicial decisions are delivered to data boxes of entities that have established them. For more on data boxes, see the response to question no. 6.

Judicial decisions may also be delivered by electronic mail with a certified signature to an email address the addressee has provided to the court, provided the addressee has requested or consented to the delivery of materials by the court in this way and provided it has identified an accredited provider of certification services, which has issued its qualified certification and keeps records of it, or has submitted its own valid qualified certification. For details of qualified certificates, see the response to question no. 6. For the delivery to have effect, the addressee must confirm receipt by data message within 3 days of the document having been sent (e.g. to the e-mail address of the relevant court) with it guaranteed electronic signature.

15 Can an appeal be made and its decision served via the internet?

Yes, an appeal can be made electronically, in the same way as a claim. See question no. 6.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, enforcement proceedings can be initiated electronically, in the same way as a claim.

Where a claimant choses to enforce payment through a bailiff, the response to question no. 6 applies mutatis mutandis. The list of bailiffs and their e-mail addresses and data box identifiers can be found on the website Link opens in new windowhttp://www.ekcr.cz/.

In the case of judicial enforcement, reference can be made to the response to question no. 6.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Czech court offices generally communicate with parties and their legal representatives by electronic mail or telephone to handle enquiries regarding their case status.

Basic information on matters that have occurred during the proceedings (without personal details), are also available online on the InfoSoud website: Link opens in new windowhttp://infosoud.justice.cz/InfoSoud/public/search.jsp (only available in Czech). Information on upcoming proceedings is available on the InfoJednání website: Link opens in new windowhttp://infojednani.justice.cz/InfoSoud/public/searchJednani.jsp. To access the system, the name of the court and the case file number have to be entered.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 06/03/2019

Automatic processing - Germany

Please note that the original language version of this page German has been amended recently. The language version you are now viewing is currently being prepared by our translators.

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

In principle the law does allow this. However, in practice it is not yet possible everywhere, across all the federal states (Länder) and in all kinds of proceedings. The question whether it is permitted depends on whether and to what extent the state concerned has chosen to introduce regulations providing for it. More information is available from the court services (Landesjustizverwaltungen) of the federal states.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Whether it is permitted depends on whether and to what extent the relevant federal state has introduced regulations providing for it. More information is available from the court services of the federal states. Some proceedings can be conducted entirely electronically. Examples include registration proceedings, the payment order procedure (Mahnverfahren) and, in some cases, proceedings for misdemeanours (Ordnungswiedrigkeiten).

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Where the federal states have introduced regulations providing for electronic legal procedures (see question 1), electronic documents can be filed at any time.

4 Should the details of the claim be provided in any particular format?

The technical requirements are specified by the federal state regulations (see question 1).

5 How is transmission and storage of data secured?

The technical requirements are specified by the federal state regulations (see question 1). Generally they require that documents be sent using the OSCI format (online services computer interface), which is a component of the software solution used, known as EGVP (electronic courts and administration mailbox).

6 Is it necessary to use any kind of electronic signature and/or time record?

The message itself does not necessarily have to be signed. The individual applications submitted require whatever type of signature is specified in the relevant procedural rules. Generally, this is a qualified electronic signature.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

There may be court fees; it depends on the type of case. There are various ways to pay: invoice, direct debit and electronic payment.

8 Is it possible to withdraw a claim that has been initiated via the internet?

This can be done. The usual rules apply.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

There is no obligation to use the internet. The usual rules apply.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The usual rules apply.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The usual rules apply.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

In principle the law does allow this. However, in practice it is not yet possible everywhere, across all the federal states and in all kinds of proceedings. The question whether it is permitted depends on whether and to what extent the state concerned has chosen to introduce regulations providing for it. More information is available from the court services of the federal states.

13 Can judicial documents, and particularly judgments, be served via the internet?

Section 174(3), first sentence, of the Code of Civil Procedure (Zivilprozessordnung) provides that decisions may be served on lawyers, notaries, bailiffs and tax advisers in electronic form. Decisions may be served on other parties in electronic form only if they have expressly consented to receiving electronic documents.

In practice, this happens mainly in registry proceedings.

14 Can judicial decisions be given electronically?

Yes, transmission of a judgment of the court in electronic form is generally possible. In practice, it happens mainly in registry proceedings.

15 Can an appeal be made and its decision served via the internet?

It is possible to file an appeal by this route if a federal state regulation has provided for electronic legal procedures at the court in question. Section 174(3), first sentence, of the Code of Criminal Procedure provides that decisions may be served on lawyers, notaries, bailiffs and tax advisers in electronic form. Decisions may be served on other parties in electronic form only if they have expressly consented to receiving electronic documents.

16 Is it possible to initiate enforcement proceedings via the internet?

No, this is not possible.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

This is not generally possible. However, some federal states do provide for it, at least in cases before the administrative and revenue courts (Verwaltungsgerichte, Finanzgerichte). Some federal states also provide for it in land registry and other registry cases.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 03/05/2019

Automatic processing - Estonia

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, court proceedings can be initiated using the e-File proceedings information system (the e-File system).

The system can be accessed at Link opens in new windowhttps://www-e-toimik.ee/.

A video explaining how to use the e-File system is available online at: Link opens in new windowhttps://www.youtube.com/watch?v=Qu9azQs_Ctc&t=3s%20. .

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

The e-File system may be used by parties in civil and administrative law proceedings as well as in criminal and misconduct proceedings. With regard to civil and administrative court proceedings, it is possible to initiate proceedings and file documents and appeals. In criminal and misconduct proceedings, it is possible to submit a limited number of documents concerning existing court proceedings.

Payment orders for fast-tracking debt or maintenance claims may only be submitted via the internet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Yes, the facility is available at all times.

4 Should the details of the claim be provided in any particular format?

In order to file a court case, you will need to fill in the details using the forms provided, entering text and data. They differ according to the type of proceedings and petition, but they are all in a similar format: you will need to provide general information about the case, details about the parties, any documents attached to the petition and any details relating to the payment of the state fee.

The application form for a fast-track payment order is more detailed, and the whole application should be entered in the form of metadata.

5 How is transmission and storage of data secured?

In order for the system to recognise a person logging in, they must log in to the e-File system using their ID-card or Mobile-ID. The portal is secure. When logging in to the portal (with an ID-card or Mobile-ID), users will only be provided access to proceedings and data that relate to them. People not involved with the proceedings do not have access to other people’s court proceedings. Date is transmitted using the national information system data exchange layer, X-Road. This is a technical and organisational environment which enables secure internet-based data exchange between the state information systems.

6 Is it necessary to use any kind of electronic signature and/or time record?

If the law requires certain types of documents to be signed, they are signed electronically using an ID card. Procedural documents may be filed via the e-File system using a digital signature. If the case is referred to court, the e-File system automatically saves the date on which the court case was initiated. A person who forwards a document initiating a court case or another procedural document to a court via the e-File system will be sent automatic confirmation of receipt by email, stating the date and time the document was received by the court.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

The state fee must be paid for the performance of any tasks which by law are subject to a state fee. In general, the state fee must be paid before requesting the task be done. The state fee may be paid via a bank link in the e-File system, as well as outside the system through internet banking or at a bank branch.

8 Is it possible to withdraw a claim that has been initiated via the internet?

A claimant may withdraw a claim until the end of the preliminary proceedings if he or she files a withdrawal request to the court. With the defendant’s consent, an action may be withdrawn until such time as the court decision concerning the action enters into force. The court should be informed of the withdrawal of the action in writing or a record should be made in the minutes. The request may also be submitted through the e-File system.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

There is no obligation to reply via the internet. The defendant may reply via the internet, electronically or in writing.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

There is no difference between proceedings initiated via the internet or in any other way. How the proceedings are handled depends on the subsequent action taken by the body conducting the proceedings and may differ depending on the type of proceedings, as well as on the type of claim.

If in the fast-track procedure for payment orders the debtor files an objection, the court will either continue to hear the case or it will terminate proceedings. It depends on the wishes of the claimant.

Civil cases may be resolved by written procedure if the parties file a request for this, or the court may decide that the matter is to be heard in a court session. The procedure followed will depend on the type of case and the objections filed by the defendant.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

In the case of a payment order for fast-track proceedings, if the defendant does not reply to a payment proposal, i.e. does not file an objection, the court will issue a payment order for the appropriate amount. This order is immediately enforceable, so the court must be sure that the defendant has received the payment proposal.

In other civil proceedings, where the court has ordered the defendant to respond by a deadline, but the defendant has not done so, the claimant may in certain cases give a default judgment at the claimant’s request. If the court does not consider this possible, it can set a new deadline for the defendant to reply or for a court session. A request for a default judgment may be filed together with the claim. The court will not give default judgments in the cases provided for by law.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

It is possible to file applicants and documents to the court electronically by email or through the information system (e-File) designed for the purpose.

All documents relating to civil and administrative proceedings may be filed through the e-File system, and a limited number of documents in criminal and misconduct proceedings. Procedural documents may be filed via the e-File system using a digital signature.

13 Can judicial documents, and particularly judgments, be served via the internet?

Court judgments, rulings and summons may be served on participants in proceedings electronically either via the e-File system or via the participant’s main email address or any other email address of which the court has been notified. The recipient of a document must notify the court of receipt if the document has been sent by email, while if the document is served via the e-File system, the date on which the recipient receives and opens it is automatically registered.

14 Can judicial decisions be given electronically?

In civil and administrative proceedings, the court may issue the decision electronically, protecting it with the judge’s digital signature or in another similar technically secure manner.

In a fast-track procedure for a payment order, all court documents, including decisions, are created automatically in an information system.

15 Can an appeal be made and its decision served via the internet?

It is possible to lodge an appeal through the e-File system and deliver relevant decisions made in civil and administrative proceedings.

16 Is it possible to initiate enforcement proceedings via the internet?

Court proceedings can be initiated via the e-File system. It is possible to search for the additional documents referred to in Section 2(1)(1)-(4) of the Enforcement Act in the e-File system, then fill in the application for enforcement and if necessary add additional files. A completed application for enforcement must be digitally signed by the claimant. The application is then sent together with the additional document selected and the additional files to the bailiff’s email address.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

It is possible to follow cases online via the e-File system. The user must be logged into the system using an ID card or mobile ID app, to ensure identity is verified. In civil and administrative proceedings, all documents not marked confidential due to personal identity information and which have been made available are shown in the system to the parties.

Payment orders for fast-track proceedings can be followed in full via the e-File system.

For criminal and misconduct cases, the e-File system displays only limited information.

Related links

The e-File system

Link opens in new windowhttps://www.e-toimik.ee/

Jurist Aitab portal - lodging claims at courts

Link opens in new windowhttps://v1.juristaitab.ee/et/oigusnoustamine

The Estonian judicial system

Link opens in new windowhttp://www.kohus.ee/2434

Riigi Teataja [State Gazette]

Link opens in new windowhttps://www.riigiteataja.ee/


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 08/07/2019

Automatic processing - Ireland

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes.  It is possible to initiate certain proceedings i.e. those involving Small Claims via the Internet.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Claimants pursuing a Small Claim (i.e. certain claims to a maximum value of €2,000) can opt to process their claim electronically. The Link opens in new windowSmall Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim. It is a service provided by District Court offices and is designed to handle consumer claims cheaply without involving a solicitor.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The facility is available at all times.

4 Should the details of the claim be provided in any particular format?

No.  The only provision is that details of the claim should not exceed 1,500 words.

5 How is transmission and storage of data secured?

The information is kept secure through the use of firewalls, SSL (Secure Socket Layer) for communications, an Intrusion Detection System at the hosting site and user account security etc

6 Is it necessary to use any kind of electronic signature and/or time record?

No.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Court Fees for a Small Claim are paid by credit or debit card and the fee (€25 in 2012) is the same for both electronic and non-electronic Small Claim proceedings.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes. If the claim has not yet been listed for court, a claim may be withdrawn by emailing the Small Claims Registrar requesting withdrawal of the claim.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Yes it is possible for the defendant to respond using the Internet.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The Small Claims Registrar must use his or her best endeavours to settle the claim before it is listed for hearing before the Judge

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The claim is treated as undisputed and the claimant may apply for a judgment in default of appearance

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

No. It is not possible to submit documents to a court electronically.

13 Can judicial documents, and particularly judgments, be served via the internet?

No.

14 Can judicial decisions be given electronically?

No.

15 Can an appeal be made and its decision served via the internet?

No.

16 Is it possible to initiate enforcement proceedings via the internet?

No.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Parties to a claim can track the status of their own claim on-line.

Related links

Link opens in new windowhttps://www.csol.ie/ccms/welcome.html


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 06/11/2018

Automatic processing - Greece

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

An application has been set up and is in operation for the electronic submission of legal documents to the Hellenic Council of State and the Athens Court of First Instance. The following are still provided: (a) monitoring information on legal documents submitted electronically and conventionally to the Athens Court of First Instance, (b) the option to monitor the progress of a legal document electronically, even if it is submitted using conventional methods, on the websites of the Piraeus and Thessaloniki Courts of First Instance. Moreover, an application has been set up for the electronic submission of legal documents to administrative courts (dioikitika dikastiria), and a similar application is about to be established for the Court of Audit (Elenktiko Synedrio).

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Legal documents can be submitted electronically for cases relating to all civil procedures, which are progressively being included in the online function. The progress of the documents for all procedures can be monitored electronically. At present, there are no procedures which can be initiated solely via the internet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The progress of legal documents can be monitored electronically on a 24-hour basis. Legal documents can currently be submitted electronically to the Athens Court of First Instance during working days and hours, however, this option will soon be available 24/7.

4 Should the details of the claim be provided in any particular format?

To submit a legal document electronically, a system user (lawyer) completes an electronic form and submits it to the court along with the complete text of the claim in a WORD file. Upon completion of the submission procedure, it is sent back to the sender in the same, ‘locked’ format, marked ‘submitted’.

5 How is transmission and storage of data secured?

Special passwords and electronic signatures are used to access to the system, both currently and when it will be fully operational.

6 Is it necessary to use any kind of electronic signature and/or time record?

The use of electronic signatures has been included in the system.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Court fees are normally paid electronically, which is a step included in the electronic legal document submission application. The fees are the same as those paid for conventional submission.

8 Is it possible to withdraw a claim that has been initiated via the internet?

No. Withdrawal of a legal document is only possible in accordance with the provisions applicable to legal documents submitted conventionally, based on the rules of the Code of Civil Procedure.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Presidential Decree 142/2013 has provided for the electronic submission of proposals and related documents before civil courts. This option is not yet technically available. A working party is currently working on setting up the appropriate technical framework. It is not mandatory for defendants to respond solely via the internet.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

All legal and other documents of a case are made available to the court during the hearing.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Should the defendant fail to submit any proposals, in any way whatsoever, he is tried in absentia.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Presidential Decree 142/2013 has provided (in addition to the electronic submission of proposals) for the electronic submission of related documents before civil courts.

13 Can judicial documents, and particularly judgments, be served via the internet?

Not yet. It is being looked into.

14 Can judicial decisions be given electronically?

Not yet. It is being looked into.

15 Can an appeal be made and its decision served via the internet?

Not yet. It is being looked into.

16 Is it possible to initiate enforcement proceedings via the internet?

No.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

See the answer to question 1.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 30/11/2017

Automatic processing - Spain

Please note that the original language version of this page Spanish has been amended recently. The language version you are now viewing is currently being prepared by our translators.

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes.

For court procedural representatives (procuradores) and other legal representatives, it is a mandatory requirement.

For private parties (individuals and legal entities), it has been optional since 1 January 2017 and it is being rolled out in fullover 2017. The Ministry of Justice keeps a register, available electronically, containing details of the relevant resources and addresses.

An electronic signature is required in order to guarantee the authenticity of the contents and provide proof of sending and receipt.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

It is available for all civil proceedings.

However, access for private parties is in the process of being set up although, in some parts of the country, it may temporarily be limited to order for payment procedures.

Court procedural representatives and other legal representatives must commence proceedings via the internet; for private parties, use is optional.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

It is available 24 hours a day, 7 days a week. However, as some days are non-working days, if a procedure is initiated on a non-working day, it will only be finalised on the next working day.

4 Should the details of the claim be provided in any particular format?

There is no mandatory format. If the electronic document is too big and blocks the system, it will have to be filed in hard copy.

5 How is transmission and storage of data secured?

The competent public administrative authorities are responsible for setting up the appropriate electronic systems. Security is ensured through a system of prior authentication of electronic signatures for legal practitioners, while access for authorised officials is through cryptographic cards and digital certificates. The system must guarantee the authenticity of content and provide proof of sending and receipt.

6 Is it necessary to use any kind of electronic signature and/or time record?

Yes, through a system of prior authentication.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Fees are payable for applications from legal entities but not from individuals. For all applications, whether filed electronically or by other means, payment must be made electronically via the internet and be accompanied by proof of payment. (Failure to comply with this requirement can be rectified at a later date.)

8 Is it possible to withdraw a claim that has been initiated via the internet?

Electronic applications can be officially withdrawn, on the same terms as applications submitted in hard copy. Once an application has been submitted, it cannot be cancelled.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

No: each party will respond using the appropriate procedure, which depends on whether or not they are a legal practitioner. For private parties, electronic filing is optional.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Nothing: the electronic procedure only applies to the submission of documents and notices served on the parties’ legal representatives. Court proceedings are not processed automatically. The court will supply the document in electronic format and/or hard copy, and it will be served either electronically or physically, depending on which rules apply and what the parties have opted for.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Nothing: the electronic procedure only applies to the submission of documents and notices served on the parties’ legal representatives. Court proceedings are not processed automatically. The court will supply the document in electronic format and/or hard copy, and it will be served either electronically or physically, depending on which rules apply and what the parties have opted for.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Yes. The courts are equipped to receive documents electronically. Documents can be submitted electronically via the parties’ legal representatives.

Electronic submission is available for all proceedings.

Prior authentication with the legal practitioner’s electronic signature is required.

Private parties can also submit documents electronically as described above if they have opted for this route.

The original document must be supplied where requested by the court, in which case it may be sent by post.

13 Can judicial documents, and particularly judgments, be served via the internet?

Yes. For the parties’ legal representatives, it is mandatory. For private parties, it is optional, following prior authentication.

14 Can judicial decisions be given electronically?

Yes. For the parties’ legal representatives, it is mandatory. For private parties, it is optional, following prior authentication.

15 Can an appeal be made and its decision served via the internet?

Yes. For the parties’ legal representatives, it is mandatory. For private individuals, it is optional, following prior authentication.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes. For the parties’ legal representatives, it is mandatory. For private individuals, it is optional, following prior authentication.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

No, neither legal practitioners nor the parties themselves can consult cases online because the option to view a case online in civil proceedings is not available nationwide. It is being introduced in some parts of the country.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 23/11/2017

Automatic processing - Croatia

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

It is not possible.

Applications, defences, legal remedies and other statements, suggestions and announcements outside the hearing are submitted in writing (submissions). The party, i.e. their legal representative, sign submissions at the end.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Not applicable.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Not applicable.

4 Should the details of the claim be provided in any particular format?

Not applicable.

5 How is transmission and storage of data secured?

Not applicable.

6 Is it necessary to use any kind of electronic signature and/or time record?

Not applicable.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Not applicable.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Not applicable.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Not applicable.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Not applicable.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Not applicable.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

The Act on Amendments to the Civil Procedure Act (Zakon o izmjenama i dopunama Zakona o parničnom postupku) (Narodne Novine (NN; Official Gazette of the Republic of Croatia), No 25/13), which entered into force on 1 April 2013 provides for the possibility of submitting documents electronically in proceedings before commercial courts. Since a unified IT system has yet to be implemented, these provisions have not yet been applied in practice.

13 Can judicial documents, and particularly judgments, be served via the internet?

An electronic noticeboard (e-Oglasna ploča) service has been developed and implemented, which makes it possible to serve judicial documents to participants of court proceedings via the notice board by using IT solutions.

The e-Noticeboard publishes judgments in accordance with the conditions of Article 335 of the Civil Procedure Act (Zakon o parničnom postupku) (Narodne Novine (NN; Official Gazette of the Republic of Croatia), Nos 53/91, 91/92, 112/99, 129/00, 88/01, 117/03, 88/05, 2/07, 96/08, 84/08, 123/08, 57/11, 25/13 and 89/14) and all documents pursuant to Article 8 of the Enforcement Act (Ovršni zakon) (Narodne Novine (NN; Official Gazette of the Republic of Croatia), Nos 112/12, 25/13, 93/14 and 55/16).

Additionally, the e-Noticeboard publishes all documents that are published under the procedural rules on the court notice board.

14 Can judicial decisions be given electronically?

It is not possible.

15 Can an appeal be made and its decision served via the internet?

It is not possible to make an appeal via the internet, and the party can be informed of its decision via the e-Noticeboard if the legally required conditions have been fulfilled.

16 Is it possible to initiate enforcement proceedings via the internet?

It is not possible.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Not applicable.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 23/08/2018

Automatic processing - Italy

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, it is possible to initiate civil proceedings before all the courts and courts of appeal. For pre-trial injunctions in any court, it is mandatory.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

In contentious and non-contentious civil actions and enforcement proceedings before the courts and appeal courts, the counsel of previously constituted parties may only submit procedural acts and documents by electronic means. The same is true for the submission of acts and documents by persons appointed or delegated by the judicial authorities. For all other acts, submission by electronic means is always allowed.

Pre-trial injunctions are handled exclusively by electronic means.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The service for the electronic submission of documents is available round the clock.

4 Should the details of the claim be provided in any particular format?

Yes, the technical specifications to be complied with are set out in a measure dated 16 April 2014. They can be found at the following link:

Link opens in new windowhttp://pst.giustizia.it/PST/resources/cms/documents/SpecificheTecnicheTestoCoordinatoArticolato.pdf

5 How is transmission and storage of data secured?

The ‘IT envelope’ (busta telematica), containing the judicial document and any attachments, is encrypted, to ensure its contents can only be read by the receiving court.

6 Is it necessary to use any kind of electronic signature and/or time record?

An electronic signature is required; a record of the time is not necessary.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

The single fee required by law (contributo unificato) may be paid electronically, via a dedicated online procedure requiring authentication by Italian smart card. The fee is the same as for non-electronic procedures.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, by an electronic document equivalent to the paper one.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

With respect to the submission of an application, the defendant is free to act as they see fit; electronic submission is, however, mandatory during the course of proceedings before the courts and courts of appeal.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The same rules as for paper proceedings apply. The defendant may defend the claim electronically only if the court is authorised to receive online submissions for the type of proceedings and document in question.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The same rules as for paper proceedings apply.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

See the replies to questions 1 and 2.

13 Can judicial documents, and particularly judgments, be served via the internet?

Communications and notices to the parties’ lawyers are sent only via the internet (certified electronic mail (PEC) under the Italian rules).

14 Can judicial decisions be given electronically?

Yes. Pre-trail injunctions are issued in electronic format only (from 30 June 2014).

Civil courts issue some 300 000 decisions in electronic format every month.

15 Can an appeal be made and its decision served via the internet?

An appeal can be lodged via the internet. The decision on the appeal is notified only via the internet (certified electronic mail (PEC) under the Italian rules).

16 Is it possible to initiate enforcement proceedings via the internet?

Yes.

17 Can the parties or their legal representatives consult on‑line cases? If so, how this can be done?

Yes, by authenticating themselves (using an Italian smart card) at an authorised access point or on the online services portal of the Ministry of Justice.

Related links

Link opens in new windowhttp://pst.giustizia.it/PST/


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 09/07/2019

Automatic processing - Cyprus

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

No

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Not applicable.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Not applicable.

4 Should the details of the claim be provided in any particular format?

Not applicable.

5 How is transmission and storage of data secured?

Not applicable.

6 Is it necessary to use any kind of electronic signature and/or time record?

Not applicable.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Not applicable.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Not applicable.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Not applicable.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Not applicable.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Not applicable.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Not applicable.

13 Can judicial documents, and particularly judgments, be served via the internet?

Not applicable.

14 Can judicial decisions be given electronically?

Not applicable.

15 Can an appeal be made and its decision served via the internet?

Not applicable.

16 Is it possible to initiate enforcement proceedings via the internet?

Not applicable.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Not applicable.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 07/03/2018

Automatic processing - Latvia

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

In Latvia there is no special framework for initiating proceedings and bringing civil actions using the internet. There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

Electronic documents may be sent via the internet.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

4 Should the details of the claim be provided in any particular format?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

5 How is transmission and storage of data secured?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

6 Is it necessary to use any kind of electronic signature and/or time record?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

8 Is it possible to withdraw a claim that has been initiated via the internet?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

There is no special automated procedure or website envisaged for the performance of such procedures in the electronic environment.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

It is possible to send electronic documents in Latvia.

Pursuant to Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, courts are obliged to accept electronically signed documents.

The domestic Latvian legislation concerning electronic documents, the Electronic Documents Law, states that for the purposes of authentication electronic documents must give document authentication data and the signatory’s identity; furthermore, for a document to be deemed to have been signed by the relevant person, it has to be signed with a secure electronic signature. When using electronic documents, data security is ensured by the providers of secure electronic signature services in accordance with the provisions of the Electronic Documents Law and the rules regarding personal data protection in Latvia. A person has to give special consent for correspondence with a court using an electronic signature. This means that the court will send documents it has drawn up in electronic form.

It should be added that claims of any kind may be brought using documents certified with a secure electronic signature except where the law lays down a special procedure for initiating proceedings. The procedure for the exchange of electronic documents does not apply to certain types of contract relating to real estate, family and inheritance law, and certain types of guarantee contracts.

Legislation sometimes specifies that in addition to the other requisites a particular document acquires legal effect only if a seal is affixed: in the case of an electronic document this requirement is fulfilled if the electronic document has a secure electronic signature and time‑stamp, or an electronic signature alone if the parties have agreed in writing that electronic documents may be signed with an electronic signature in accordance with the procedures laid down in the Electronic Documents Law.

13 Can judicial documents, and particularly judgments, be served via the internet?

There is no special website envisaged for the performance of such procedures in the electronic environment using a uniform process.

Court documents may be served electronically if the applicant has indicated in the application that he or she is prepared to use electronic mail as well as other mail for correspondence with the court.

14 Can judicial decisions be given electronically?

Court documents, including judgments, may be served electronically if the applicant has indicated in the application that he or she is prepared to use electronic mail as well as other mail for correspondence with the court.

15 Can an appeal be made and its decision served via the internet?

There is no special website envisaged for the performance of such procedures in the electronic environment using a uniform process.

A person has to give special consent for correspondence with a court using an electronic signature. This means that the court will send documents it has drawn up in electronic form.

16 Is it possible to initiate enforcement proceedings via the internet?

There is no special website envisaged for the performance of such procedures in the electronic environment using a uniform process.

A person may use electronically signed documents for correspondence with a bailiff.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

There is no special website envisaged for the performance of such procedures in the electronic environment using a uniform process. It is possible to follow the progress of a case using the courts portal on the internet, which offers the information that is publicly available.

Parties to a case may listen to an audio recording of the court hearing via the courts portal Link opens in new windowhttp://www.tiesas.lv, section Manas lietas (‘My cases’), provided the court has entered the audio file into the court information system: when files have been entered into the court information system, and the data is synchronised, they are transferred to the data distribution mechanism on the portal Link opens in new windowhttp://www.tiesas.lv once every 24 hours. Once a user is registered on the portal they may access information only on those cases for which they are registered as a party, and in such cases they can open and listen to the audio project files added to the documents in the case. A party to a case may access the Manas lietas (‘My cases’) section in the portal Link opens in new windowhttp://www.tiesas.lv using an e-signature or an electronic identity card, or by sending an application to the Courts Office (Tiesu administrācija) asking to be granted access rights.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 07/02/2019

Automatic processing - Lithuania

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Since 1 July 2013, it has been possible to file civil claims electronically via the Lithuanian Court Information System (LITEKO), which can be accessed through the Public Electronic Services (PES) Subsystem at http://www.teismai.lt/ and Link opens in new windowhttp://www.epaslaugos.lt/ by selecting the link to the E-Services Portal of the Lithuanian Courts.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Different claims in civil proceedings or complaints against individual acts and applications in administrative proceedings may be filed electronically. Electronic documents may be filed to the court in relation to both new and existing paper files. When electronic documents are filed in relation to an existing paper file, the applicant should also file the required number of paper copies (one copy to be added to the paper file and one copy to be sent by the court to each party to the proceedings).

Since 1 January 2014, the electronic format has been exclusively used in civil cases heard by district courts regarding the issue of court orders, where the application initiating the court proceedings was filed on after 1 July 2013 using information and electronic communications technologies;

1.2. civil cases heard by district courts, where the procedural document on which the court proceedings are based was filed on or after 1 January 2014 using information and electronic communications technologies;

1.3. civil cases hear by regional courts as first instance courts, administrative cases heard by administrative courts as first instance courts, where the procedural document on which the court proceedings are based was filed on or after 1 July 2013 using information and electronic communications technologies;

1.4. all proceedings before courts of general jurisdiction and specialised courts hearing appeal or cassation cases based on appeals filed on or after 1 January 2014 against judgments or rulings in cases that had been processed exclusively in electronic format.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

This service is available at all times.

4 Should the details of the claim be provided in any particular format?

Procedural documents may be submitted by completing the templates available on the LITEKO PES subsystem or by uploading existing documents in the formats supported by the system: formats of text documents: doc, docx, odt, rtf, txt.; spreadsheet formats: xls, xlsx, ods; presentation formats: ppt, pptx, ppsx, odp; vector graphics image and text formats: pdf, application/pdf, ADOC; dot matrix image formats: tif, tiff, jpg, jpeg, jfif, png, gif, bmp; video formats: avi, mpg, 3gp, 3g2, asf, asx, swx, swf, flv, vob, wmv, mov, rm.; audio formats: wav, aif, mp3, mid, wma, flac, aac.

5 How is transmission and storage of data secured?

Electronic data relating to court proceedings are processed, accounted for and stored using information and electronic communications technologies in accordance with the arrangements laid down by the Judicial Council (Teisėjų taryba) and agreed with the Chief Archivist of Lithuania (Lietuvos vyriausiasis archyvaras).

6 Is it necessary to use any kind of electronic signature and/or time record?

The electronic services portal can be accessed using the tools available at the e-government portal: using electronic banking, a personal identification card or an electronic signature. The system also has a time stamp function.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Residents filing e-documents enjoy a 25% discount on the court fee; they do not need to print any procedural documents or mail them to the court, go to the bank to pay the fee or provide proof of payment.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Claims filed via the internet are subject to the same civil procedure rules as regular claims. Article 139(1) of the Code of Civil Procedure (Civilinio proceso kodeksas) stipulates that a claimant is entitled to withdraw his/her claim as long as the court has not sent a copy of it to the defendant. The claim may be withdrawn at a later stage only if the defendant agrees and the claim is withdrawn before the court of first instance adopts its decision. Until such time as it is registered, a claim may be withdrawn by simply deleting it. After registration, the claim may be withdrawn on the system only by filing a withdrawal application.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Both paper and electronic documents can be filed to the court.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The use of electronic communications during civil proceedings does not affect the civil procedure rules.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The use of electronic communications during civil proceedings does not affect the civil procedure rules.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Electronic documents may be filed in relation to both existing paper files and electronic files;

13 Can judicial documents, and particularly judgments, be served via the internet?

Yes.

14 Can judicial decisions be given electronically?

Cases regarding the issue of court orders, other cases specified by the Judicial Council and information relating to court proceedings may be processed electronically. Where an electronic file has been created, any printed information received or sent by the court is digitised, while printed documents are processed, stored or destroyed in accordance with the arrangements laid down by the Judicial Council and agreed with the Chief Archivist of Lithuania.

15 Can an appeal be made and its decision served via the internet?

Yes, an appeal can be made via the internet in both civil and administrative proceedings. Judicial decisions may be delivered both electronically and by other means provided for under specific laws.

16 Is it possible to initiate enforcement proceedings via the internet?

An amendment to the Code of Civil Procedure regulating the use of information and electronic communications technologies in bailiffs’ activities came into force on 1 July 2013, but the possibility of initiating enforcement proceedings via the internet has not yet been implemented. The electronic information system for bailiffs should be operational from April 2015.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

From 1 July 2013, lawyers and lawyers’ assistants may receive procedural court documents using electronic communications.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 30/11/2017

Automatic processing - Luxembourg

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

No, under Luxembourg law, documents initiating legal proceedings must all be drafted on paper.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Not applicable.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Not applicable.

4 Should the details of the claim be provided in any particular format?

Not applicable.

5 How is transmission and storage of data secured?

Not applicable.

6 Is it necessary to use any kind of electronic signature and/or time record?

Not applicable.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Not applicable.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Not applicable.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Not applicable

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Not applicable.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Not applicable.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

No.

13 Can judicial documents, and particularly judgments, be served via the internet?

No: depending on the case, they must be served by a bailiff (in person or by post) or notified by the clerk of the court (by post).

14 Can judicial decisions be given electronically?

No, parties are notified of court decisions via their respective lawyers. As a rule, this notification takes place when the clerk of the court deposits the decision in the ‘pigeonhole’ (French case) of the legal practice concerned. All legal practices have a ‘pigeonhole’ in the form of a locked letterbox within the Cité Judiciaire complex. Decisions can be notified direct to the parties by post.

15 Can an appeal be made and its decision served via the internet?

No.

16 Is it possible to initiate enforcement proceedings via the internet?

No.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

No.

Related links

Link opens in new windowhttp://www.legilux.lu/


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 21/01/2019

Automatic processing - Hungary

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, it is possible. The detailed rules of communication with the courts by electronic means are accessible at Link opens in new windowhttps://birosag.hu/e-per-2018/e-kapcsolattartas-altalanos-tajekoztato and the related links.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

An important change compared to previous regulations on proceedings that may be initiated over the internet is that for certain contentious and non-contentious proceedings initiated on 1 January 2018 or afterwards the parties not only have the opportunity to conduct their affairs electronically, but have a duty to do so. Thus, as a general rule, any economic operator, State, municipality, budgetary agency, public prosecutor, notary, public body, other administrative body acting as a client and the legal representative of such client are obliged to conduct their affairs electronically.

In addition, certain types of cases may only be conducted electronically irrespective of whether the parties are acting in any of the above capacities. For example, a procedure for company registration (or a change in company data) may only be initiated electronically and in civil registration procedures an application may only be filed electronically if, for example, the applicant requests a simplified procedure for registration (change of data) or an organisation files an application to be qualified as a public benefit entity, while bodies that are already public benefit entities may only file their submissions electronically following this date.

If an applicant is not required to use electronic means, they may still choose to file their application electronically.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Yes, the facility is available at all times except for periods of scheduled maintenance works and unforeseen malfunctions in system operation. Time-limits set in days and working days by legislation or the court do not include any day - or for time-limits set in months and years the day of the deadline - on which a malfunction or an interruption of service, as defined in legislation, lasted more than four hours. If a time-limit set in hours were to expire during a malfunction or interruption of service, as defined in legislation, the time-limit will expire at the end of the first hour following the start of office hours on the next working day. If the interruption of electronic services exceeds one working day, the body providing electronic administration services must provide for the receipt and processing of clients’ submissions in a manner that does not require electronic means, even in cases where the relevant legislation only allows electronic processing for that type of procedure.

4 Should the details of the claim be provided in any particular format?

If a standard form exists for filing an application (submission) or its attachment, it cannot be changed, thus the format of the data cannot be modified either. The forms may be viewed at Link opens in new windowhttps://birosag.hu/ and may be filled in with the help of the Általános Nyomtatványkitöltő Program (framework programme for filling in forms). In accordance with Government Decree No 451/2016 of 19 December 2016 on the detailed rules of electronic administration and the order of the National Office for the Judiciary, the file formats that may be inserted into specific court e-files are: .odt, .doc, .docx, .pdf, .txt, .xlsx, .ods, .tif, .tiff, .bmp, .jpg, .jpeg, .png, .mp4, .m4a, .avi, .mp3, .wav. Attachments in .dosszie, .dossirt, .es3, .etv, .eak, .et3, .nsack., .pdf, .asic or .asice format may be attached to the forms. It is important that the size of individual files attached to the forms may not exceed 150 MB, while the total size of all attachments attached to the forms may not exceed 300 MB. If the total size of the attachments to be attached to the form or submission nevertheless exceeds the size limit of 300 MB, the files to be attached may be submitted on a storage medium, as an enclosure to a special form No 28 designated for this purpose, in a number of copies that is one more than the number of parties concerned by the case. The court only accepts submissions on CD R-, CD R+, DVD R-, DVD R+ and USB key as storage media.

5 How is transmission and storage of data secured?

In electronic procedures, the secure transmission and storage of data is ensured by the IT tools protecting communication, delivery and internal administrative systems. Procedures may be conducted online only through a ‘client gateway’ (‘ügyfélkapu’), ‘company gateway’ (‘cégkapu’) or ‘official gateway’ (‘hivatali kapu’), following prior registration. The transmission and storage of data is secured for example by electronic identification services, secure delivery services and electronic signature services, as well as the strict provisions laid down in Act L of 2013 on State and local governments’ electronic information security and other related legislation.

For example, persons communicating by electronic means have the opportunity to send their submissions to the court encrypted with their own encryption key in addition to using the encryption key released by the court. The encryption key is sent to the court as part of the submission of the person communicating by electronic means and in such cases the court serves the court’s documents on the person communicating by electronic means encrypted with the encryption key of that person.

6 Is it necessary to use any kind of electronic signature and/or time record?

A submission submitted by electronic means to the court must be filed in such a way that

• the signatory has affixed his/her qualified electronic signature or advanced electronic signature or seal based on a qualified certificate on the electronic document and has affixed it with a time stamp, where required by law,

• the signatory authenticates the electronic document using an identification-based document authentication service, or

• the electronic document has been created within the framework of a service where the service provider assigned the document to the issuing person by identifying the issuer and the assignment to such person was authentically certified with information that can clearly be traced back to a signature in the issuer’s own hand or on the basis of such information, and the service provider issued a certificate of having clearly assigned the document to the person in a clause that is linked to and inseparable from the electronic document and the service provider has affixed the clause, together with the document, with at least an advanced electronic seal and at least an advanced time stamp.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Court fees and the fees payable for procedures are the same for both paper-based and electronic proceedings.

If there is an obligation to pay a fee, in addition to indicating this in the application, the field ‘Payable fee’ (on the form to be submitted) also needs to be filled in with the appropriate amount and then the fee may be paid according to the acknowledgement of receipt automatically received following the submission of the form. The fee may be paid through the Electronic Payment and Settlement System (‘Elektronikus Fizetési és Elszámolási Rendszer’ - EFER), which allows fulfilment of a payment obligation on the Judicial Payment Portal (‘Igazságügyi Fizetési Portál’) from a VPOS/home banking interface. Another method for the payment of fees is to transfer the fees to the account of the regional court held at the Hungarian State Treasury for this purpose.

In the case of procedures for the registration of companies (or a change in company data) the fees for the procedure and the publication costs are payable, by electronic means, prior to the submission of the application for registration (or change of data), indicating the file number for the payment of fees and costs which may be downloaded from the website of the Company Information System. Fees must be paid by transfer to the account of the Commercial Court kept for this purpose with the Hungarian State Treasury while the publication cost is payable to the treasury account of the ministry headed by the minister for justice.

8 Is it possible to withdraw a claim that has been initiated via the internet?

It is not technically possible to withdraw a document once it has been submitted. Proceedings may be discontinued (or other applications or appeals withdrawn) strictly in accordance with the rules of civil procedure. Parties opting for an electronic procedure have the same rights and obligations as parties submitting their applications on paper.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Electronic administration does not depend on the form the claimant has chosen to conduct his or her affairs; rather, it depends on whether the defendant is required to conduct his or her affairs electronically. If the defendant is a person required to conduct his or her affairs electronically under Question 2, as a general rule, he or she may make a declaration concerning the claim only through the internet and according to conditions laid down in legislation, otherwise his or her submission will be invalid. In other cases the defendant may freely choose whether he or she wishes to respond on paper or by electronic means. If the defendant chooses to proceed by electronic means (submitting documents by electronic means), he or she must communicate with the court during the procedure by electronic means and the court will also serve all court documents to such party by electronic means. If a party proceeding without legal representation or the party's representative not qualifying as a legal representative has undertaken to communicate electronically with the court, the court may be requested afterwards to authorise a transition to a paper-based procedure at the same time as a paper-based submission is filed. The application must make the case that, due to changes in the situation of the party or his or her representative, continuing the procedure by electronic means would represent a disproportionate burden.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The same rules of procedure apply in electronic and paper-based procedures.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

See the answers to Questions 9 and 10.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

If in a given case electronic administration is compulsory for the party or if the party has opted for this form of administration, the document and its attachments must be submitted on a standard form - if available - and the form to be used in this case is non-editable. If there is no standard form available for documents or attachments, the parties must submit such documents and attachments in a format which corresponds to any of the document formats approved by the President of the National Office for the Judiciary and listed under Question 4, according to the rules described there. (Exemptions from the obligation to submit documents by electronic means are specified in legislation, thus currently it constitutes an exemption from the obligation of submission by electronic means if a document has to be presented and inspected in paper form in the procedure, which may in particular occur if the authenticity of a paper-based document is contested.)

13 Can judicial documents, and particularly judgments, be served via the internet?

Yes, it is possible. Court documents are served by the court by electronic means on parties proceeding by electronic means on the basis of the rules described under Questions 2 and 9. Court documents served electronically are sent to the sender’s online document storage facility within the client gateway, official gateway or company gateway, where the document may be received by opening the internet link pointing to the document. The document is considered to have been served when it is opened and the system generates an electronic acknowledgement of service which is automatically sent to the court.

Mail served at the official address is considered to have been served at the time indicated on the acknowledgement of refusal even if the service provider of the official address confirms that the addressee has refused delivery of the mail or on the fifth working day following the time indicated on the second notice if the service provider of the official address confirms that the addressee has not taken over the mail despite having been notified twice.

14 Can judicial decisions be given electronically?

Yes, see the answer to Question 13.

15 Can an appeal be made and its decision served via the internet?

A party obliged to communicate by electronic means or who has previously opted for electronic communication must also lodge an appeal by electronic means, while any party who has used paper-based documents up to the submission of the appeal may transition to electronic administration even at the time when the appeal is lodged. The court’s decision on the appeal is also served electronically to a party obliged to communicate by electronic means or who has opted for this means of communication, according to the rules described under Question 13.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, it is possible. If electronic administration is compulsory under the law, initiation of the proceedings in this manner is also naturally compulsory. A party who is not subject to such an obligation also has the right to initiate proceedings electronically; however, he or she first has to accept in writing the terms and conditions of use of the service system of the Hungarian Chamber of Judicial Officers.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

In certain proceedings, such as company proceedings, yes.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 05/07/2019

Automatic processing - Netherlands

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

The Dutch Parliament has adopted legislation which enables and even requires civil and administrative proceedings to be conducted electronically. This legislation is to be phased in from 2017 to 2021. In 2017, electronic proceedings are possible in asylum and custody cases, as well as in civil claims with compulsory legal representation, brought before the courts of Central Netherlands and Gelderland.

Administrative court proceedings are possible electronically via the Digital Service Desk for Administrative Law (Digitaal loket bestuursrecht) and administrators/receivers can submit statements of accounts and discharges electronically via the Sub-district Digital Service Desk (Digitaal loket kanton) (Link opens in new windowhttp://www.rechtspraak.nl/).

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

From September 2017, electronic proceedings before the courts of Central Netherlands and Gelderland are mandatory for civil claims with compulsory legal representation. In spring 2018 this is expected to apply throughout the Netherlands for this type of case. For all other proceedings, the legislation enabling proceedings to be conducted electronically is to be phased in by 2021.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Electronic proceedings are available 24 hours a day, 7 days a week. The helpdesk at the judicial service centre (rechtsspraakservicecentrum) can be accessed electronically and by telephone between 8:00 and 20:00.

4 Should the details of the claim be provided in any particular format?

Yes. An action is initiated by submitting an originating document (procesinleiding) via the judicial service web portal.

5 How is transmission and storage of data secured?

6 Is it necessary to use any kind of electronic signature and/or time record?

Yes, electronic identification is necessary for the submission of documents. Lawyers use their lawyer’s pass for this purpose, while options available to citizens include use of their DigiD login code or electronic ID (businesses). The law states which means of identification are permitted.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Yes, court fees are payable in all proceedings. Lawyers maintain a current account with the judicial system. In the case of electronic proceedings, court fees are paid electronically. In the absence of payment, no (further) progress can be made in initiating the proceedings.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, the law and the rules of procedure of the judicial system stipulate how to withdraw the claim.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Yes. If the legislation on electronic proceedings applies, the defendant can respond online. If the defendant has a lawyer, the response must be made online. If the defendant has the right to act on his/her own behalf, a response on paper is also permissible.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Electronic proceedings are conducted entirely online. The defendant receives e-mail notification of each new document lodged in the electronic case-file. Defendants can add their own documents and consult their case electronically. The court judgment is communicated electronically.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

If the case has been served correctly on the other party, the case can be judged by default for failure to appear. The other party is informed of the procedural steps in writing.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

See reply to question 1. Submission of messages and documents by e-mail is not permitted because adequate security cannot be guaranteed.

13 Can judicial documents, and particularly judgments, be served via the internet?

No, judicial documents may not be served or notified via the internet. However, many judgments are published at Link opens in new windowhttp://www.rechtspraak.nl/ and are assigned an LJN number, enabling them to be easily retrieved. The president of the sitting usually decides whether the judgment must be placed on the aforementioned website. Not all judgments are placed on the internet, but only a selection with judicial relevance or in which there is significant (media) interest.

Names of persons appearing in a judgment are anonymised for privacy reasons. Businesses and individuals involved with the court in a professional capacity are not anonymised.

In cases where proceedings can or must be electronic, the judgment is placed in the electronic case-file. In this way, the judgment is notified to the parties.

14 Can judicial decisions be given electronically?

No, publication on the internet takes place after notification to the parties and therefore after the date of the judgment. See also the reply to question 13.

15 Can an appeal be made and its decision served via the internet?

This is possible only in cases in which proceedings can or must be electronic.

16 Is it possible to initiate enforcement proceedings via the internet?

No.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Yes, in cases where proceedings can or must be electronic, the parties can consult the case documents at any time. The parties must have been authorised to do so by means of a recognised login code.

Some forms can be downloaded from the website Link opens in new windowhttp://www.rechtspraak.nl/ in PDF format, but these documents too must then be sent by ordinary post to the courts to be included in the proceedings. These documents include forms for separation of property and division of the old-age pension, forms for the modification of parental authority, guardianship of an adult, fiduciary administration of property and mentoring, declaration forms for experts and interpreters, insolvency forms, forms for European order for payment procedures, forms for European small claims procedures and complaint forms in appeal proceedings.

Information which may be relevant in legal proceedings and also information to guarantee the independence of judges is recorded centrally and is available online to the general public via the website Link opens in new windowhttp://www.rechtspraak.nl/. This refers to the Central Adult Guardianship Register (Centraal Curateleregister), the Central Insolvency Register (Centraal Insolventieregister), the matrimonial property register (huwelijksgoederenregister) and the register of additional positions held by the judiciary (register met nevenfuncties Rechterlijke Macht), which can all be consulted online.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 30/11/2017

Automatic processing - Austria

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, court proceedings can be initiated online via the Austrian e-Justice (ERV) platform. However, this requires registration with one of several possible clearing houses, which forward the input to the judicial system. Registration is not free. There is a basic charge of approximately EUR 20.00 per month, plus a fee of approximately EUR 0.30 per upload. A registered letter costs around EUR 3.00 in Austria.

A free upload service using a citizen’s card is also available for uploads. However, unlike the Austrian e-Justice platform, it provides a one-way service only.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

The Austrian e-Justice platform allows online communication between the courts and the public prosecutors’ offices on the one hand and the parties on the other, in the same way as in paper form. It can be used for all types of proceedings. There are no proceedings which must always be initiated online.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The service is available 24 hours a day, 7 days a week.

4 Should the details of the claim be provided in any particular format?

The grounds for the claim and all procedural data required for the claim must be uploaded in a prescribed XML structure (or as a PDF attachment to this structure).

5 How is transmission and storage of data secured?

Data transmission via the Austrian e-Justice platform is secured using the https protocol. Certificates are used to authenticate all parties involved. Communication between servers is also certificate-based. The need for users to register with an access point (see point 1 above) provides additional security.

6 Is it necessary to use any kind of electronic signature and/or time record?

See point 5 above (certificates). Electronic signatures are not required. A central timestamp service is available for entries in the Land Register only, confirming receipt of a valid submission.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Court fees for online uploads are paid by direct debit. As a general rule, fees for initiating proceedings online are the same as for proceedings initiated in paper form. In certain cases, there is a discount for electronic submission.

8 Is it possible to withdraw a claim that has been initiated via the internet?

There is no difference between online and offline variants. The rules of civil procedure law apply equally to proceedings conducted via the Austrian e-Justice platform. Even if they were not filed online, claims can be withdrawn online.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Yes, the internet can be used to defend claims, file appeals etc. Use of the Austrian e-Justice platform is not generally mandatory; however, lawyers, notaries, banks, insurance companies, social security funds, the Federal Financial Agency (Finanzprokuratur) and bar associations must use the Austrian e‑Justice platform.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The rules of civil procedure law apply equally to proceedings conducted online.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The rules of civil procedure law apply equally to proceedings conducted online.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Yes, all types of documents can be submitted to the courts via the Austrian e-Justice platform. Original deeds can even be submitted electronically in land register and companies register proceedings.

13 Can judicial documents, and particularly judgments, be served via the internet?

Yes, via the Austrian e-Justice platform.

14 Can judicial decisions be given electronically?

Yes, via the Austrian e-Justice platform.

15 Can an appeal be made and its decision served via the internet?

Yes, via the Austrian e-Justice platform.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, via the Austrian e-Justice platform.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Yes, parties and their legal representatives can inspect the case register in all civil and enforcement proceedings online via clearing houses, but only for their own cases. Inspection rights are verified using a unique address code allocated to each person with inspection rights.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 03/09/2018

Automatic processing - Poland

Please note that the original language version of this page Polish has been amended recently. The language version you are now viewing is currently being prepared by our translators.

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

It is possible to initiate a procedure known as an electronic procedure by writ of payment (elektroniczne postępowanie upominawcze, EPU) via the Internet. The first stage of this procedure is conducted without the participation of the debtor. Debtors may undertake defence only after the order for payment has been issued and served on them.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

An electronic procedure by writ of payment may be initiated in cases concerning monetary claims, irrespective of the value of the subject of the dispute.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

A statement of claim in an electronic procedure by writ of payment may be lodged with the e‑court (e-sąd) at any time.

4 Should the details of the claim be provided in any particular format?

Specialised software created for the e‑court automatically converts the text file containing the statement of claim into the format and data structure required by the e‑court.

5 How is transmission and storage of data secured?

The data is secured by a number of advanced IT solutions, including the CAPTCHA (Completely Automated Public Turing test to tell Computers and Humans Apart) system. CAPTCHA is a type of technology used as a website security feature, which only allows data entered by humans to be transmitted. In this case, CAPTCHA protects the web portal against accounts being created by machines. The system verifies this by requiring the user to type in the text displayed in a picture. The text is intentionally distorted, so that it cannot be read using OCR (Optical Character Recognition) technology (a set of technologies orLink opens in new windowsoftware used to recognise characters and entire texts in a Link opens in new windowgraphic Link opens in new windowfile in Link opens in new windowraster form), but is still sufficiently legible to humans. The code read from the picture is to be typed in the field using lowercase or capital letters.

6 Is it necessary to use any kind of electronic signature and/or time record?

An electronic signature must be used to sign statements of claim and pleadings in an electronic procedure by writ of payment. The following types of signature may be used:

a) An ordinary electronic signature which can be obtained from the EPU website free of charge. Before this is done, you must first create an account. Once the account has been activated, you have to apply for a certificate to be issued by the EPU Certification Centre and then wait for confirmation that the certificate has been issued (about 2 hours). Then, you have to download the certificate. For the certificate to be installed correctly in the operating system, you need a certificate password. The password is sent via e‑mail. If you lose the certificate after downloading it, you must generate another application for a certificate. An ordinary electronic signature may be used only in e‑procedures. The certificate for an ordinary electronic signature is valid for one year.

b) A qualified electronic signature, verified using a valid qualified certificate. After registering a user account, you will automatically be able to use a qualified electronic signature. However, you must first obtain a qualified electronic signature by yourself.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

A court fee due in an electronic procedure by writ of payment can only be paid using electronic means, through a payment service provider. It amounts to ¼ of the fee payable in a traditional procedure by writ of payment.

8 Is it possible to withdraw a claim that has been initiated via the internet?

In an electronic procedure by writ of payment, the claimant may withdraw the statement of claim until the procedure is concluded by a final decision. A pleading must be filed for this purpose. Such a pleading should contain the claimant’s statement of withdrawal of the claim and specify the bank account number. The claimant may withdraw the statement of claim in its entirety – in this case, the claimant renounces the legal protection of all the claims (in their full amounts) raised in the statement of claim. A statement of claim may be withdrawn also in part only, which is known as the partial withdrawal of a claim. When withdrawing the statement of claim, the claimant may at the same time waive (renounce) the claim pursued. The pleading withdrawing the statement of claim must specify a bank account number for repayment of the court fee. The court fee will be repaid if the statement of claim is withdrawn before the order for payment is issued.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

In an electronic procedure by writ of payment, the defendant cannot reply via the Internet. The first document to be served on the defendant in an electronic procedure by writ of payment is an order for payment. The defendant may appeal against it by filing a statement of opposition (in traditional or electronic form).

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

In an electronic procedure by writ of payment, the defendant cannot reply to the statement of claim. The only form of appeal against the order for payment is filing a statement of opposition with the court (in traditional or electronic form). In that case, the order for payment loses its force and has no legal effect. The matter is referred from the e‑court to the court in the territorial jurisdiction of which the defendant is domiciled and is heard in other proceedings.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

An order for payment issued in an electronic procedure by writ of payment becomes final two weeks after being served on the defendant. A final order for payment issued in an electronic procedure by writ of payment and included in the IT system is a writ of execution. An order for payment issued in an electronic procedure by writ of payment is declared enforceable by the court by means of an electronic enforcement order.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

In an electronic procedure by writ of payment, documents cannot be enclosed with pleadings submitted via electronic means.

13 Can judicial documents, and particularly judgments, be served via the internet?

In an electronic procedure by writ of payment, court process is served on the claimant via electronic means. Upon initiating the procedure by lodging a statement of claim via the website of the e‑court, claimants obtain access to a dedicated section of the website of the e‑court, which allows them to receive correspondence from the court. Court process is served on the claimant via the data transmission system supporting the electronic procedure by writ of payment (electronic service of court process). Court process is served on the defendant electronically only if the defendant has agreed to this form of service of court process.

14 Can judicial decisions be given electronically?

In an electronic procedure by writ of payment, judicial decisions are electronic.

15 Can an appeal be made and its decision served via the internet?

Yes, only in an electronic procedure by writ of payment.

16 Is it possible to initiate enforcement proceedings via the internet?

If the enforcement order covers a judicial decision issued in an electronic procedure by writ of payment, an application to initiate enforcement proceedings may be filed via electronic means. It must be filed via the data transmission system supporting the electronic procedure by writ of payment.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

In the course of an electronic procedure by writ of payment, the parties have full access to the files of the procedure conducted in their case. Such access is provided via the data transmission system supporting the procedure. It is also possible to print out the accessible documents. In proceedings other than the electronic procedure by writ of payment, this is not possible.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 30/11/2017

Automatic processing - Portugal

Please note that the original language version of this page Portuguese has been amended recently. The language version you are now viewing is currently being prepared by our translators.

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, it is possible in Portugal to initiate court proceedings via the Internet. Specific software allows claims submitted in this way to be processed automatically.

Pleadings and documents can be submitted electronically via the Citius system on the Link opens in new windowhttp://citius.tribunaisnet.mj.pt web page in accordance with the procedures and instructions specified there. To access the system, lawyers, trainee lawyers and solicitors must register with the entity responsible for managing access to it. Following registration, users are issued with secret, personal, non-transferable codes allowing them to gain access to the restricted area of Citius.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

The following can be instigated and processed via the Citius application:

a) Civil declaratory actions, precautionary measures and individual judicial notifications, with the exception of proceedings to promote and protect children and young people in danger and requests for civil damages or civil enforcement proceedings brought in the context of criminal proceedings;

b) Civil enforcement proceedings and all hearings joined to the enforcement, taking into consideration that recording of the enforcement proceedings with the printing of essential documents should take place only after the court has received an application or information giving rise to action by the judge.

This is also possible in the case of order for payment proceedings. Please refer to the relevant Factsheet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The services described are available 24 hours a day, 7 days a week.

4 Should the details of the claim be provided in any particular format?

Pleadings are submitted by completing the forms available on the web page referred to in the answer to question 1, to which are attached:

a) Files with the other legally required information, material content of the pleading and other information deemed relevant by the legal representative that does not fit into any other fields on the form; and

b) The documents that must accompany the pleading. Pleadings and documents submitted in this manner must be digitally signed by electronic signature certificate to permanently guarantee the professional status of the signatory. The signature is performed via the Citius electronic system on submission of the pleading.

The aforementioned files and documents must be in portable document format (.pdf).

Order for payment proceedings must be in extensive markup language (.xml), with the specifications published on Link opens in new windowhttps://www.citius.mj.pt/portal/consultas/injuncoes/injunformato.aspx.

5 How is transmission and storage of data secured?

The electronic processing of cases guarantees their integrity, authenticity and inviolability.

All communications between the user's computer and the system's Internet site are encrypted so as to ensure the confidentiality of the data transmitted.

Applications can only be accessed by duly certified legal representatives via a digital certificate proving their identity.

All their activity is recorded in the system.

Documents and pleadings that are being handled are signed digitally by the user, guaranteeing their authenticity, integrity and acceptance.

6 Is it necessary to use any kind of electronic signature and/or time record?

Yes, pleadings and documents submitted should be digitally signed by electronic signature certificate that permanently guarantees the identity and professional status of the signatory.

The Citius computerised system means:

a) Certification of the date and time of delivery;

b) The sender is provided with a copy of the pleading and of documents submitted, with the date and time of certified delivery affixed;

c) If receipt is impossible, the sender is sent a message informing them that it was not possible to submit the pleading or documents to the computer system.

Acts of judges and the Public Prosecutor are always carried out electronically via Citius with a qualified or advanced electronic signature affixed. Only the following means of electronic signature may be used:

a) Qualified electronic signature certificates issued under the State's Electronic Certification System;

b) Advanced electronic signature certificates issued especially for this purpose by the Link opens in new windowInstitute of Financial Management and Justice Equipment, I. P. [Instituto de Gestão Financeira e Equipamentos da Justiça, I.P.]

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Legal costs are payable.

A single collection document (Documento Único de Cobrança - DUC), available on the IGFIJ web page, is issued before payment: Link opens in new windowhttps://justica.gov.pt/Servicos/Custas-processuais/DUC-Documento-Unico-de-Cobranca

Payment by ATM or Homebanking is carried out via the area ‘Payments to the State’.

Financial institutions where it is possible to pay the DUC can be found in the Link opens in new windowIGFIJ and DGAJ circular

For further information please consult:

1. Payment process: Link opens in new windowhttp://www.citius.mj.pt/portaldnn/LinkClick.aspx?fileticket=dobTRbvK5HI%3d&tabid=59

2. Notices:
Link opens in new windowhttps://justica.gov.pt/Servicos/Custas-processuais

3. Questions and responses: Link opens in new windowhttp://www.citius.mj.pt/portaldnn/LinkClick.aspx?fileticket=fcZonQXKRvQ%3d&tabid=59

Court fees for electronic proceedings via the Citius system are 25% to 50% lower than those payable in proceedings via a physical medium.

With regard to orders for payment, please refer to the respective factsheet.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, it is possible to withdraw a claim initiated via the internet, in exactly the same way as for non-electronic proceedings.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Yes, the defendant responds to the claim via the same computer application on the Internet.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

If the defendant responds, the claim follows the procedural terms applying to claims submitted via a physical medium and can continue to be processed digitally until the final decision.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

If the defendant does not respond, the claim follows the applicable procedural terms and is digitally processed until the final decision.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

On the Citius system, it is possible to electronically submit documents relating to the claims and procedures referred to in the response to question 2. However, pleadings or the combination of pleadings and documents must not exceed 3 Mb.

Where the prescribed limit - 3 Mb - is exceeded owing to the size of the pleading, the latter along with its accompanying documents should be submitted via the other means provided for in the Code of Civil Procedure. Where the limit is exceeded due to the total size of the documents, the pleading may be submitted via Citius but the documents should be submitted via the other means provided for in the Civil Procedure Code. In this case, documents must be submitted within five days following delivery of the pleading, together with the respective proof of delivery provided by Citius.

13 Can judicial documents, and particularly judgments, be served via the internet?

Notifications can be made electronically using the Citius computer system, which automatically ensures that they are issued and can be viewed at the Link opens in new windowhttp://citius.tribunaisnet.mj.pt/ web page.

Notifications to the parties in pending cases, including judgments, are carried out electronically by way of their legal representative.

The Citius system ensures certification of the date on which the notification was prepared, assuming it is delivered on the third day after preparation or the first business day after that where the deadline expires on a non-business day.

Summons are not served via the Internet.

14 Can judicial decisions be given electronically?

Procedural acts of judges, including the delivery of judicial decisions, are always carried out electronically via the Citius-Judicial Magistrates computer system and are made available on the respective online applications.

As regards their notification, the answer to the previous question applies.

15 Can an appeal be made and its decision served via the internet?

Yes, it is possible to electronically submit requests to lodge appeals, appeal statements and rebuttals and complaints against the dismissal or elevation of appeals.

As regards notification of the decision on this appeal, please see the answer to question 13.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, it is possible to initiate enforcement proceedings via the Internet.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Only lawyers or solicitors can consult cases via the Internet.

The consultation of cases, i.e. the pleadings and documents in electronic form, is done by lawyers and solicitors via Citius on the basis of the case ID number.  To access Citius to consult cases, lawyers and solicitors are required to register in advance with the entity responsible for managing access to the computer system.

Further information


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 24/06/2019

Automatic processing - Romania

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Pursuant to Article 199(1) of the Code of Civil Procedure, an application can be lodged personally or through a representative, by post, courier, fax or else be scanned and sent by e-mail or as an electronic document.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Applications can be lodged by being scanned and sent by e-mail or as electronic documents in civil cases. There are no procedures which are solely available via the internet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

This facility is available at all times.

Pursuant to Article 199(1) of the Code of Civil Procedure, an application lodged personally or through a representative, by post, courier, fax or else scanned and sent by e-mail or as an electronic document, is registered and attributed a specific date by applying the entry stamp. After registration, the application and accompanying documents together with, where appropriate, evidence of how they have been forwarded to the court, shall be handed over to the President of the Court or the person designated by him, who will take immediate steps to randomly establish the judicial panel, pursuant to law.

4 Should the details of the claim be provided in any particular format?

The Code of Civil Procedure does not foresee the use of any standardised forms for legal claims. The common law rules on civil procedure lay down the content of some of the civil law claims (e.g. application, defence, counterclaim).

5 How is transmission and storage of data secured?

Secure data transmission and storage are performed with the help of e-mail system native IT tools, such as firewalls, certificates, anti-viruses, role-based access controls, etc., accompanied by the application of good practice in the field.

6 Is it necessary to use any kind of electronic signature and/or time record?

Pursuant to Article 148(2) and (5) of the Code of Civil Procedure, applications sent to the courts can also be lodged as electronic documents, provided that the legal conditions are met. The application should also include a signature. The signature can be applied on a document scanned and sent by e-mail. The signature can be electronic where the application is an electronic document sent by e-mail.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Yes, judicial fees are paid in accordance with Government Emergency Order No 80/2013 regarding court stamp fees, but their amount does not differ. Judicial stamp duties are paid by the person owing the tax either in cash, by bank transfer or on-line, into a separate "Judicial stamp duty and other stamp duties" local budget income account opened in the name of the territorial administrative unit in which the natural person has his or her domicile or residence or, where appropriate, the legal entity has its registered office. If the person owing the judicial stamp duty has neither his or her domicile, nor residence nor, as the case may be, registered office in Romania, the stamp duty is paid to the local budget of the territorial administrative unit in which the court before which the action or application being brought is located.

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, under the same conditions as the claimant may withdraw from the court action. Pursuant to Article 406 of the Code of Civil Procedure, the claimant may at any time abandon the court action either orally during a court hearing or else by means of a written petition.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

It is not mandatory for the defendant to use the internet.

Pursuant to Article 149(4) and Article 154(6) of the Code of Civil Procedure, the communication of subpoenas and all procedural documents shall be made ex officio by the court's officers, or by any other of its employees, as well as by agents or employees of other courts in districts where the person to whom the deed is being communicated is located. The communicating of subpoenas and other procedural documents can be carried out by the clerk of the court also by telefax, e-mail or by other means which ensure that the text of the document is sent, and its receipt confirmed, provided the party gave the court the appropriate details to this end. For confirmation, the court shall, together with the procedural document, send a form containing: the name of the court, the date of the communication, the name of the clerk responsible for the communication and information on the documents communicated. The form will be completed by the recipient with the date of receipt, the name clearly shown and the signature of the person responsible for receiving the correspondence, and will be sent to the court by telefax, e-mail or other means. Where the application has been sent, pursuant to law, by fax or e-mail, the clerk of the court is obliged to prepare copies of the application ex officio. The cost of this is to be met by the party having the obligation to provide the copies.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The defence shall be notified by the same methods as for serving a procedural document. See the answer to question 9.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

In accordance with Article 208 of the Code of Civil Procedure, the sanctioning of a failure to submit a defence in the period laid down by law is the same regardless of the manner in which it is submitted. A failure to submit a defence leads to the defendant losing his right to provide further evidence or put forward objections other than those related to public policy, unless the law provides otherwise.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

See the answer to question 9.

13 Can judicial documents, and particularly judgments, be served via the internet?

See the answer to question 9.

14 Can judicial decisions be given electronically?

See the answer to question 9.

15 Can an appeal be made and its decision served via the internet?

See the answer to questions 1 and 9

16 Is it possible to initiate enforcement proceedings via the internet?

Judicial documents issued in enforcement proceedings are subject to the same generally applicable provisions as the communication of procedural documents. See the answer to question 1.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Not applicable.

However, the courts' web pages ( Link opens in new windowhttp://portal.just.ro/SitePages/acasa.aspx) or Info Desks located in some courts do provide access to a summary of rulings, based on the case number, case matter and the names of the parties. It is also being planned in the future for court files to be consulted from home, against the payment of a fee.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 23/11/2017

Automatic processing - Slovenia

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes, the Civil Procedure Act (Zakon o pravdnem postopku, ZPP) enables applications to be submitted in civil proceedings in electronic form and judicial proceedings to be commenced via the internet.

More precisely, Article 105b lays down that applications in civil proceedings shall be submitted in writing, where a written application is deemed to be one that has been handwritten or printed and signed in the applicant’s own hand (application in physical form) or an application in electronic form and signed with an electronic signature, which is equivalent to a handwritten signature. An application in physical form is submitted by post, using communication technology, delivered directly to the body or delivered by a person engaged professionally in submitting applications (business supplier/poslovni ponudnik). An application in electronic form is submitted by being submitted to the judicial information system, where the information system automatically confirms that the application has been received.

Notwithstanding the existing legal provisions (acts and implementing regulations) relating to all civil and commercial procedures, currently only procedures included in the e-Justice (e-Sodstvo) website may be commenced via the internet or electronically: in enforcement procedures it is possible to file applications for enforcement and other applications in electronic form, as well as issue and deliver judicial documents, where for some addressees (notaries, lawyers) electronic service is obligatory; it is further possible to submit applications and issue decisions in insolvency proceedings, as well as submit land register motions, and issue decisions in land register procedures.

The e-Justice website exists in Slovenia for this purpose, and enables written material to be submitted in electronic form: Link opens in new windowhttps://evlozisce.sodisce.si/esodstvo/index.html

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

The submission of electronic applications and the electronic serving of documents is possible in the civil procedures and in other civil judicial proceedings, where the rules contained in the ZPP are applied.

A land register procedure may be initiated exclusively online, since Article 125a of the Land Register Act (Zakon o zemljiški knjigi, ZZK-1) sets out the obligatory electronic submission of documents; nevertheless, an applicant may also file a request for the entry of a right of ownership in their favour in the order of priority for the filing of the request in the court records by personally presenting themselves during office hours at the land register court covering the area in which the property that is the subject of the request is located, if they deliver to the land register court all the documents forming the basis for the requested entry referred to in Article 142(1) of this Act and if, at the same time, they pay the court fees applying to the request. An applicant who has filed an electronic land register request themselves and a notary public, lawyer, real estate company or state attorney’s office representing a party to a land register procedure must submit all applications from that party electronically (Article 125a(4) of the ZZK).

For other procedures which can be initiated electronically, the legislation still allows applications to be submitted in physical (paper) form.

Enforcement: Article 29(2) of the Enforcement and Securing of Claims Act (Zakon o izvršbi in zavarovanju, ZIZ) lays down that the minister responsible for justice shall prescribe the types of enforcement procedure in which enforcement proposals and other applications may be submitted by electronic means and processed automatically in the information system, and the course of such procedures. Pursuant to the above Article, Annex 5 of the Rules on the Forms, Types of Enforcement Procedure and the Automated Enforcement Procedure states which electronic applications may be submitted by an applicant via the e-Justice website (e-Enforcement/e-Izvršba sub-site). Parties may submit all applications in electronic form via the e-Enforcement sub-site of the e-Justice website.

Insolvency proceedings: An official receiver is obliged to submit his or her reports, lists of verified claims and other documents to the court in electronic form, signed with a secure electronic signature verified by means of a qualified certificate (Article 98 of the Financial Operations, Insolvency and Compulsory Dissolution Act/Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju, ZFPPIPP). A lawyer who represents a party to insolvency proceedings is obliged to submit a notification of claims and other applications of the party in electronic form, signed with a secure electronic signature verified by means of a qualified certificate (Article 123a of the ZFPPIPP); if they fail to do so, the court shall reject the application. All documents are delivered to the lawyer representing the party in insolvency proceedings and to the official receiver electronically to a secure e-mail address.

Likewise, a court issues an original decision or order in electronic form in insolvency proceedings, signed with the judge’s secure electronic signature verified by means of a qualified certificate. (Article 124 of the ZFPPIPP).

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The e-Justice information system is obliged to allow electronic transactions to be conducted every working day between 8 am and 8 pm. In principle, users of the e-Justice information system may conduct their electronic transactions at any hour and on any day of the week, since the above restrictions applies to instances when the system is undergoing a technical upgrade.

Article 112 of the ZPP lays down that when an application is sent by electronic means, the time at which it was received by the information system is taken as the moment of delivery to the court to which it is addressed. As an implementing regulation, the Rules on Electronic Transactions in Civil Judicial Proceedings lay down that if a deadline applies to an electronic application, that application shall be deemed to have been submitted at the moment it is received by the server on which the e-register module for the type of civil judicial procedure to which the application is being submitted via the e-Justice information system runs (Article 18 of the Rules).

4 Should the details of the claim be provided in any particular format?

If the non-standardised part of the text of the electronic application is originally drawn up as an electronic document, it must be attached to the electronic transaction in PDF/A form. The user must convert the non-standardised part of the text of an electronic application that is originally drawn up as a written document and any annex that constitutes a written document into electronic form by scanning it in order to attach it to the electronic transaction. An electronic document obtained in this way must meet the following requirements:

  • it must be in PDF/A form and in black and white;
  • resolution must be between 240dpi and 300dpi;
  • if the written document includes several pages, all pages must be contained in a single PDF file so that there are no intermediate empty pages;
  • if two or more documents are attached, each document must be contained in its own PDF file.

If an electronic document attached to an electronic transaction does not meet these requirements, the electronic application is deemed to be incomplete. (Article 19 of the Rules on Electronic Transactions in Civil Judicial Proceedings).

5 How is transmission and storage of data secured?

The e-Justice information system is located in the secure government network (HKOM), and the data is stored on the central server of the HKOM network.

The rights of access to the data are addressed as part of the scheme of rights regulated by the information technology centre at the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije) in accordance with the Rules on Electronic Transactions in Civil Judicial Proceedings. Every user of the e-Justice information system and the other three sub-sites must register with the security scheme before conducting electronic transactions. User groups are distinguished by means of the level of presentation within the information system (ordinary users, registered users and qualified users). The number of user rights (electronic transactions) that may be implemented on the site and sub-sites depends on the type of user group to which a user belongs.

6 Is it necessary to use any kind of electronic signature and/or time record?

Every electronic application must be signed with the applicant’s electronic signature (qualified digital certificate). The e-Justice information system furnishes every electronic application received with a time stamp, while the applicant receives an automated electronic certificate stating the time the application was entered in the e-Justice information system.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

The general regulation governing the payment of court fees is the Court Fees Act (Zakon o sodnih taksah, ZST-1), which states that court fees are payable before courts in Slovenia under the provisions of this act. The act does not, in principle, distinguish between electronic and non-electronic procedures, but does encourage electronic submission of applications in enforcement proceedings, the fee for electronic submission being 20% lower than the fee for an application submitted in physical (paper) form.

Enforcement proceedings:

An order for payment is issued upon the electronic submission of an application, ordering the applicant to pay the court fee within eight days of the delivery of the order by remitting the sum to the relevant account and with the reference number stated in the order. The order for payment of the court fee is considered delivered when the applicant or their representative has submitted the application electronically.

If the applicant fails to pay the court fee in accordance with the order for payment within eight days of the delivery of the order, and the conditions for exemption, delay or payment of court fees are not met, the application is deemed to have been withdrawn. The only exception relates to an electronic request for enforcement based on an authentic document, where the obligation to pay the fee arises when the request enters the information system. The applicant is not given an order for payment, but rather receives the details necessary for paying the court fee. Where an applicant fails to pay the prescribed amount of the court fee for an electronic request for enforcement on the basis of an authentic document for which the Central Document Authentication Department (centralni oddelek za verodostojno listino, COVL) is responsible, and within eight days of the delivery of the request, the request shall be deemed not to have been submitted.

There is no distinction made between the payment of court fees in general and the payment of court fees for electronic applications that are not applications for enforcement based on an authentic document. Where an application for enforcement based on an authentic document is made in physical (paper) form and where the applicant does not pay court fees according to the reference stated on the request form, the court shall send them an order for payment.

Land register proceedings: Where a court fee needs to be paid for a land register proposal or other electronic application, an order is issued upon the electronic submission of the application ordering the applicant to pay the court fee within eight days of the delivery of the order by remitting the sum to the relevant account and with the reference number stated in the order. The order for payment of the court fee is considered delivered when the applicant or their representative has submitted the application electronically. If the applicant fails to pay the court fee in accordance with the order for payment within eight days of the delivery of the order, the application is deemed to have been withdrawn.

8 Is it possible to withdraw a claim that has been initiated via the internet?

The same rules apply to the withdrawal of a request or application submitted electronically as to the withdrawal of a written application. In computerised enforcement, insolvency and land register procedures, a submitted request may also be withdrawn electronically.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

As mentioned under point 1 above, despite the existence of legal provisions for the submission of electronic applications, this is still not yet possible in all civil proceedings.

The Rules on the Forms, Types of Enforcement Procedure and the Automated Enforcement Procedure contain a list of applications and other documents that can be sent by electronic means in an enforcement procedure. Where a debtor in an enforcement procedure wishes to submit a reply or an electronic application via the e-Justice website (e-Enforcement sub-site), they must meet the conditions applying to an external qualified user of the e-Justice information system (open secure electronic mailbox, qualified digital certificate from a Slovenian certifier linked to a tax number), along with other conditions depending on which user group they belong to (Article 12 of the Rules on Electronic Transactions in Civil Judicial Proceedings).

See the reply under point 2 for the obligations applying to some participants with regard to the submission of documents in electronic form and those of parties to insolvency proceedings.

An objection or other legal remedy may also be submitted online in land register proceedings and certain types of enforcement proceeding. It is obligatory for some participants (lawyers, notaries public, state bodies, real estate companies) to submit all documents electronically in land register proceedings.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The electronic procedure in the event of a lack of response from an opposing party proceeds in the same way as the written procedure in such cases. After expiry of the deadline set for the defendant or debtor to reply, the court issues a decision.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

See 10 – same question.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Article 16a of the ZPP lays down that an electronic form is equal to a written form if the data in electronic form is capable of being processed at court, and is accessible and suitable for subsequent use, and that data in electronic form may not be regarded as having no evidential value because it is in electronic form. The same is stipulated by the Electronic Transactions and Electronic Signature Act (Zakon o elektronskem poslovanju in elektronskem podpisu, Article 13(1)).

Documents and evidence may be submitted in electronic form in procedures of enforcement and the securing of claims. Regarding compliance with the technical requirements, where they do not refer to an electronic application but to an electronic document (attachment), the provisions of Article 19(1, 2) of the Rules on Electronic Documents are applied mutatis mutandis. See also the reply under point 4.

Documents may also be submitted in electronic form. An electronic application is an electronic document containing the application of a party to civil judicial proceedings (Rules on Electronic Transactions in Civil Judicial Proceedings). The same rules also define an ‘electronic attachment’, i.e. a written document converted into electronic form and attached to an electronic application.

The user submits an electronic application by selecting the appropriate electronic transaction for submitting an electronic application on the e-Justice website and entering the required information from the standardised part of the text of the application in the appropriate field of the on-screen (online) form. Where an electronic application also contains an explanatory part by law or at the discretion of the applicant, the user creates a separate electronic document from the text of the explanatory part (the non-standardised part of the text of the electronic application) that meets the requirements referred to in Article 19 of the Rules on Electronic Transactions in Civil Judicial Proceedings and attaches this electronic document to the e-Enforcement transaction. The user signs it with their own secure electronic signature. The same applies to electronic attachments to an electronic application. See also the replies above.

A special rule is defined for land register procedures in order to ensure legal security, and owing to the fact that the document converted into electronic form acquires the nature (evidential value) of an original, that only a notary public, as a person of public trust, may convert private documents (contracts) into electronic form. A notary public is also obliged, under the rules of notarial custody, to keep this document until entry becomes final. A party/applicant may convert other documents that form the basis for entry (court decisions and other decisions of a state body) into electronic form themselves.

13 Can judicial documents, and particularly judgments, be served via the internet?

Under the provisions of the Rules on Electronic Transactions in Civil Judicial Proceedings, an electronic court decision is regarded as an original court decision. In the electronic serving of a court decision, a copy of an electronic court decision is sent as an electronic document. In the serving of a court decision by post, a printed copy of the electronic court decision is sent.

*It should be pointed out that, in practice, and despite the legal provisions in place, it is currently not yet possible to send documents in civil and commercial cases, with the exception of proceedings involving the insolvency and the land register, by electronic means. Since 10 April 2014, court documents have also been delivered to lawyers and executors in electronic form, i.e. by electronic means.

14 Can judicial decisions be given electronically?

Yes. A judgement or decision issued in electronic form is signed by the chair of the judges’ panel using their own secure electronic signature and the court’s secure electronic signature, verified by means of a qualified certificate. If the secure electronic signature of the chair of the judges’ panel is certified by means of a qualified certificate that also contains an indication of the court, the court’s own secure electronic signature is not required. Judgements processed in the information system automatically may have a facsimile in place of a signature and stamp.

A decision issued in physical or electronic form may be served on parties as a certified copy or as an electronic (scanned) copy or in electronic form. See also the note to reply 13.

15 Can an appeal be made and its decision served via the internet?

As already stated above, despite the existence of legal provisions, electronic applications, appeals included, cannot be submitted in all proceedings, although electronic submission is possible in enforcement, insolvency and land register proceedings if the applicant meets the conditions applying to a user of the e-Justice information system. See also the replies above.

16 Is it possible to initiate enforcement proceedings via the internet?

Yes, electronic enforcement (e-Enforcement) is also possible through the e-Justice website. An applicant may submit an application for enforcement on the basis of an authentic document via the e-Justice website (e-Enforcement sub-site) as a registered and external qualified user. An applicant may submit an application for enforcement on the basis of an enforcement title and an application for the securing of claims via the e-Enforcement sub-site only as an external qualified user. It must be pointed out here that this is a procedure of enforcement and securing of claims conducted in accordance with national regulations (ZIZ).

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Parties have the right to inspect and copy a file in electronic form in the information system, with a party proving their identity by means of a qualified certificate for an electronic signature.

In enforcement and securing of claims proceedings before local courts (okrajna sodišča), users that have submitted an electronic application via the e-Enforcement sub-site may inspect their own documents, as well as the procedural acts in the case to which they have submitted the electronic application and in which they are referred to as a participant. The Rules on the Forms, Types of Enforcement Procedure and the Automated Enforcement Procedure lay down what a user from a specific user group may inspect.

Inspection of the file is also permitted in land register proceedings. One difference between land register and enforcement proceedings is that all registered users (i.e. not just applicants and other participants) are permitted to inspect the file until the entry in the land register becomes final. Only procedural acts (application, court decision, etc.) are available for inspection to all, and not attachments, i.e. documents, for reasons of protection of participants’ personal data.

Related links

Link opens in new windowhttps://evlozisce.sodisce.si/esodstvo/index.html

Link opens in new windowhttp://www.pisrs.si/Pis.web/

Link opens in new windowhttps://www.uradni-list.si/

Link opens in new windowhttp://www.dz-rs.si/wps/portal/Home/deloDZ/zakonodaja/preciscenaBesedilaZakonov

Link opens in new windowhttp://www.sodisce.si/


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 03/07/2019

Automatic processing - Slovakia

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Court proceedings can be initiated via the internet, or, more precisely, claims and other submissions can be filed electronically, provided they feature a certified electronic signature.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Electronic submission is available for all types of claims and for all submissions. If a submission in a case is made in electronic form without authorisation (a certified electronic signature), it must be delivered subsequently in paper form or in electronic form with a certified electronic signature within 10 days, otherwise the court will disregard the submission. The court does not explicitly invite the submitter to make a subsequent delivery.

In non-adversarial matters, a submission may be made to any district court, which is obliged to record the submission in its register and without delay forward it to the court having jurisdiction. Such a submission has the same effects as if it were filed with the court having jurisdiction.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

At all times.

4 Should the details of the claim be provided in any particular format?

No specific format is required; claims are judged by their contents. If a claim lacks a particular detail, the court will make a ruling asking the party to correct or supplement its claim within a period which must not be less than 10 days.

5 How is transmission and storage of data secured?

The conditions for storage and transmission of data are set out in Act No 543/2005, the processing and office rules for district courts, regional courts, the Special Court, and military courts, as amended (zák. č. 543/2005 Z. z. v znení neskorších zmien doplnení – Spravovacom a kancelárskom poriadku pre okresné súdy, krajské súdy, Špeciálny súd a vojenské súdy) (hereinafter referred to as “PaOR”)

a) The procedure of accepting submissions via the internet with a certified electronic signature is governed by Act No 215/2002, on electronic signature and amending certain acts, as amended by Act 679/2004 (zák. č. 215/2002 Z. z. o elektronickom podpise a o zmene a doplnení niektorých zákonov v znení zákona č. 679/2004 Z .z.) and NBU Regulation No 542/2002, on the method and process of using electronic signatures in business and administrative relations (vyhláška NBÚ č. 542/2002 z. z. o spôsobe a postupe používania elektronického podpisu v obchodnom). A submission received in this way is forwarded to the mail room, which proceeds further pursuant to Section 129 PaOR. A court mail room uses a software application to maintain a record of submissions;

b) Submissions received without a certified electronic signature are immediately forwarded to the mail room, for it to proceed in line with Section 129 PaOR.

6 Is it necessary to use any kind of electronic signature and/or time record?

A submission that is made via the internet without a certified electronic signature must be delivered subsequently in paper form or in electronic form with a certified electronic signature within 10 days, otherwise the court will disregard it. If a submission features a certified electronic signature, it need not be supplemented. The exact time of the delivery of the submission is noted and recorded.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Yes, court fees are payable, for the making of a copy of the claim and its appendices that constitute the court file and of a copy of the claim and its appendices that are delivered to the parties if the claim was filed by electronic means and singed with a certified electronic signature pursuant to Act No 215/2002, on electronic signature and amending certain acts, as amended by Act 679/2004 and an NBU Regulation No 542/2002, on the method and process of using electronic signatures in business and administrative relations, of EUR 0.1 per page, but at least EUR 10 per submission that constitutes a claim or application for the initiation of proceedings, and its appendices, and at least EUR 3 for all other submissions and their appendices (item 20a of the Annex to Act No 71/1992, on court fees, as amended (zákon č. 71/1992 Zb. o súdnych poplatkoch v znení neskorších zmien a doplnení)).

8 Is it possible to withdraw a claim that has been initiated via the internet?

Yes, every submission may be withdrawn regardless of the method whereby it was filed – a withdrawal of a claim – in part or in full.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

The defendant has the option, but is not obliged to use it.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The procedure applicable to electronic submissions is set out by Act No 543/2005, as amended, the administrative and office rules for district courts, regional courts, the Special Court, and military courts.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

The procedure applicable to electronic submissions is set out by Act No 543/2005, as amended, the administrative and office rules for district courts, regional courts, the Special Court, and military courts.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Evidence constitutes any and all means whereby the state of the matter can be ascertained, a means of proof can be any means whereby the state of the matter can be ascertained. They are permitted in all types of procedure. Documents may be submitted to a court subject to the conditions set out in Section 125 of the Code of Civil Procedure (Civilný sporový poriadok).

13 Can judicial documents, and particularly judgments, be served via the internet?

Within the meaning of Section 105 of the Code of Civil Procedure, written documents can be served via the internet. A document from a court is deemed delivered on the fifth day after it is sent, even if the addressee has not read it.

Service via the internet is, however, excluded in the service of judgements, other court decisions, summons to proceedings and other written documents for which personal service is provided for by law. A judgement can only be served personally; service via the internet is impermissible.

14 Can judicial decisions be given electronically?

No. The handing down of a judgement is effected using computer technology, and a template with a pre-printed state coat of arms of the Slovak Republic and the following text: “Judgement in the name of the Slovak Republic”. A written judgement is signed by the chair of the judicial panel or the judge sitting alone.

15 Can an appeal be made and its decision served via the internet?

An appeal may be submitted via the internet. If an appeal is submitted in electronic form without a certified electronic signature, it must be delivered subsequently in paper form or in electronic form with a certified electronic signature within 10 days. If the appellant does not do so, the submission will be disregarded. A decision on an appeal cannot be made via the internet; it must be made exclusively in paper form.

16 Is it possible to initiate enforcement proceedings via the internet?

An application for enforcement of a decision may be filed via the internet. If filed electronically without a certified electronic signature, it must be delivered subsequently in paper form or in electronic form with a certified electronic signature within 10 days. If the party fails to do so, the submission will be disregarded.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Parties and their legal representatives can consult case files solely in person, exclusively in the presence of a court staff member.

The website of the Ministry of Justice of the Slovak Republic (Ministerstvo spravodlivosti Slovenskej republiky) facilitates searches of a database of court decisions. Anyone can search and consult court decisions, being able to search a decision by its date of issue, issuing court, file number, form of decision, nature of decision, sphere of legal regulation, statutory provisions applied, and first name and surname of the judge or judicial official who issued the decision, or by searching according to the words used in the decision (so-called fulltext).


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 14/01/2019

Automatic processing - Finland

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Automatic processing is available for submitting applications for a summons in the case of uncontested claims, for legal aid applications (and for applying for defence counsel or a public legal aid attorney to be appointed and for attorneys applying for reimbursement for fees and costs from the State) and for enforcement applications (in the case of private law applications for the enforcement of debts that are based on a district court’s (käräjäoikeus) ruling or judgment).

Finland has no proceedings that are available exclusively via the internet.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The facility is available at all times.

4 Should the details of the claim be provided in any particular format?

An XML template is available for corporations and organisations that frequently file applications for a summons. A separate electronic online form is available for citizens and businesses.

5 How is transmission and storage of data secured?

The automatic processing facility of Finnish courts is secured by an encrypted https file transfer protocol. Data submitted by courts are kept on a secure server from where interested parties can download their documents.

6 Is it necessary to use any kind of electronic signature and/or time record?

Users need to log in to download files from the secure server.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

The same fees are charged for electronic procedures as for non-electronic procedures.  District courts charge fees to applicants and claimants at the end of each procedure. The amount of the fee depends on the nature of the case and the complexity of the procedure.

8 Is it possible to withdraw a claim that has been initiated via the internet?

The same principles apply to electronic procedures as to claims filed by conventional, non-electronic means.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Defendants can respond via the internet but using the internet is not compulsory.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

In civil cases there are no differences between electronic and non-electronic procedures.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

In civil cases there are no differences between electronic and non-electronic procedures.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Yes.  Applications for a summons, responses and other court documents can also be sent to courts via email.

13 Can judicial documents, and particularly judgments, be served via the internet?

Documents that do not require acknowledgement of receipt (such as responses, summonses to preliminary and main hearings and court summaries) can be sent to the interested parties via email.

14 Can judicial decisions be given electronically?

Judicial decisions can be sent to the interested parties electronically upon request.  The recipient or his or her agent must log in to download judicial decisions from the online facility.

15 Can an appeal be made and its decision served via the internet?

It is not currently possible to make appeals electronically.

16 Is it possible to initiate enforcement proceedings via the internet?

Applications for the enforcement of judgment debts can be submitted electronically. Automatic processing is available for private law applications for the enforcement of debts that are based on a district court’s ruling or judgment.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Yes. Claimants can monitor the progress of their cases by logging into an online facility if the proceedings were initiated via the internet.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 08/02/2018

Automatic processing - Sweden

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

In Sweden, an application for a summons in the case of a dispute must be submitted in writing and be signed in person by the plaintiff or by his or her representative. The signature requirement means that a summons application cannot be submitted electronically.

The same applies to applications for an order to pay that are submitted to the Swedish Enforcement Authority. In the case of an order to pay, however, there are some opportunities for the Swedish Enforcement Authority to grant an exemption for those who submit large numbers of applications for an order to pay.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

As may be seen from the response to question 1, this is only possible in certain exceptional cases in the summary process.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

There is no Internet service for bringing a case.

4 Should the details of the claim be provided in any particular format?

There is no Internet service for bringing a case.

5 How is transmission and storage of data secured?

There is no Internet service for bringing a case.

6 Is it necessary to use any kind of electronic signature and/or time record?

There is no Internet service for bringing a case.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

There is no Internet service for bringing a case.

8 Is it possible to withdraw a claim that has been initiated via the internet?

There is no Internet service for bringing a case.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

There is no Internet service for bringing a case. As may be seen from the response to question 12, however, it is generally possible to submit a statement of defence and other procedural documents via the Internet if they do not need to be signed in person.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

There is no Internet service for bringing a case.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

There is no Internet service for bringing a case.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Documents that do not need to be signed in person may be submitted electronically. This means that it is possible, in principle, to submit all documents electronically other than an application for a summons. The court may, however, decide in an individual case that an unsigned original document that has been submitted electronically must be confirmed by the sender by means of an original signed document.

13 Can judicial documents, and particularly judgments, be served via the internet?

There is nothing to prevent an authority from sending a document electronically and for receipt of the document to be confirmed by e-mail, for example, if this is deemed necessary under provisions in force concerning personal data, etc.

14 Can judicial decisions be given electronically?

A judgment is sent by post, unless requested otherwise by the party. Where appropriate, for instance with reference to the provisions on personal data in force, documents may instead be sent by fax or e-mail, or otherwise made available in electronic form.

15 Can an appeal be made and its decision served via the internet?

It is possible to lodge an appeal by e-mail. Where necessary, the court may request that such an appeal be confirmed by the sender by means of an original signed document.

With regard to summonses, please see the response to question 13.

16 Is it possible to initiate enforcement proceedings via the internet?

An application for enforcement may be made by the entitled party or by his or her representative, either verbally or in writing. A verbal application requires the applicant (the party seeking enforcement) to contact the Swedish Enforcement Authority. A written application must be signed by the applicant or by his or her representative. The Swedish Enforcement Authority may, however, allow a party submitting a large number of applications to do so electronically.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

No.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 24/04/2014

Automatic processing - England and Wales

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes it is possible to initiate court proceedings via the internet through either the Link opens in new windowMoney Claim Online (MCOL) or Link opens in new windowPossession Claim Online (PCOL). Both systems are supported by a helpdesk which can provide assistance (although not legal advice). The helpdesk can be contacted on 0845 601 5935 (for callers within the United Kingdom) and +44 1604 619 402 (for callers from outside of the United Kingdom).

In addition claims within the various jurisdictions of the Rolls Building in London (the Chancery Division of the High Court, the Commercial and Technology and Construction Courts, the Mercantile Court and the Admiralty Court ) may be issued and case managed electronically under the CE Filing scheme.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

MCOL is available for County Court claims for a fixed amount of money which is less than £100000 (approximately €125000) including court fees and any lawyers' costs. The claim should be against no more than two people and the address of the person or persons being sued must be within England and Wales. The claimant must also have an address for service within England and Wales.

PCOL can be used to make a claim for the recovery of possession of land (including buildings or parts of buildings). It includes a possession claim for residential property by a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagor against a mortgagee, solely on the ground of default in the payment of sums due under a mortgage. It does not include a claim for any other remedy except for payment of arrears of rent or money due under a mortgage, interest and costs. As with MCOL, all defendants must have an address for service in England and Wales and the creditor must have an address in England or Wales where documents can be delivered. The claimant must also be able to provide a postcode for the property to be recovered and should have an e-mail address.

For both MCOL and PCOL, creditors must be at least 18 years of age, must not lack mental capacity, must not be legally assisted within the meaning of the Legal Aid Act 1988 and must not be a vexatious litigant (that is a person who has been forbidden by a High Court Judge to issue proceedings in any county court in England and Wales without permission). Claims cannot be made against the Government or Monarchy.

These types of claims do not have to be initiated using the internet.

CE Filing is available for all claims (save for those involving an application for fees remission) that would otherwise be issued in the Rolls Building; cases not initiated under CE Filing may use either system.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Both MCOL and PCOL are available at all times. Where a claim is received before 09.00 on a day when the court is open, the request will be processed that day. Where it is received after 09.00 it will be processed on the next day that the court is open. The claim is usually printed and posted to the defendant on the day it is processed.

CE Filing is also available 24 hours a day, seven days a week, subject to routine maintenance.

4 Should the details of the claim be provided in any particular format?

For both MCOL and PCOL a claimant will be asked to complete a series of screens. Each screen deals with a specific piece of information that is required - for example the creditor's full name and address, the name and address of the defendant or defendants and the amount of money being claimed and details of the claim.

The MCOL and PCOL systems will automatically save information as it is completed on the screen. If only part of a screen is completed a creditor may save that information by selecting the save option which appears at the top and bottom of each screen. In MCOL these details are saved for 28 days to allow a creditor sufficient time to get together any further information required. PCOL will save a draft claim indefinitely until the claim is submitted and or deleted by the user.

The initial information about the parties and their lawyers is submitted in an online form. CE Filling enables the party to upload documents as if they were doing so over the counter; the only constraint is the size, should a document be too large, it will need to be filed in tranches.

5 How is transmission and storage of data secured?

Security is of paramount importance in both the MCOL and PCOL systems. Because some of the information a creditor provides can be of a sensitive nature security is provided through unique user ID and passwords. The site also has security protection and encrypts the data that passes over the Internet. However parties should note that any e-mails sent or received cannot be regarded as secure.

Creditors need to register with MCOL and PCOL before they can issue claims online. Once they have registered they are asked to choose a user ID and password. Both the ID and password must be no less than 8 and no more than 12 characters long and be a combination of letters and numbers.

MCOL and PCOL also ask a creditor to select a security question and provide an answer to it when he/she registers. This is in case the creditor forgets his/her password. The system will e-mail the password provided the security question has been answered correctly. User IDs once forgotten are irretrievable.

CE Filing is a secure method of transmitting information as between the courts and the parties and their bankers.

6 Is it necessary to use any kind of electronic signature and/or time record?

Electronic signatures are not required, although the logon procedure described in answer to question 5 applies. The time an application is submitted will, as explained in the answer to question 3, determine the day on which the claim is processed.

As CE Filing is a method of filing documents, no electronic signature is required. Timing of submission is either the time of payment of the relevant fee or the date and time as set out in the relevant rules.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Claims issued online attract a lower fee than those issued manually, as it is less resource intensive for court staff. The court fees for both MCOL and PCOL should be paid by credit or debit card, and PCOL also allows payment by direct debit for organisations and lawyers. Those entitled to claim a fee remission cannot use MCOL or PCOL. If a fee remission is claimed the application would require proof that would need to be checked by a member of court staff. For that reason applications for fee remissions are not available online. Claimants who feel they qualify for fee remission need to contact their local court and issue a manual claim along with their application.

The Fees payable are the same as if the case was issued over the counter fees are paid either via credit card are or on account.

8 Is it possible to withdraw a claim that has been initiated via the internet?

While it is possible to delete claims and requests made through MCOL and PCOL before they have been submitted, after being submitted claims cannot be deleted. It is possible to cancel proceedings requested via MCOL or PCOL once they have been issued in the same way as for non-electronic procedures. Court fees cannot be refunded when a request for cancellation is made after proceedings have been issued.

Under CE filing a case may be withdraw in the same way as had it been done so via an over- the-counter filing

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

If a claim has been issued through MCOL or PCOL a defendant may respond electronically using the login password provided on the front of the claim form. It is not compulsory to respond via the internet.

A CE filing case will, in the absence of any rule, continue as a CE filing case.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The defendant can respond online to a claim made using MCOL in 5 ways. He/she can:

  • Pay the claim in full
  • Make a full admission
  • Make a part admission
  • File an acknowledgement of service
  • Defend the claim
  • Make a counterclaim against the claimant

Where the defendant submits a defence the case is transferred to the defendant's local court. Where a counterclaim is made the case is transferred to an appropriate court. In both circumstances the case will proceed as if it was issued in a non-electronic format.

If the defendant makes a partial admission the creditor will be asked whether he/she is willing to accept this admission. If it is accepted the claimant may request the court to enter judgment against the defendant and send an order to pay. If it is not accepted the case will proceed as a defended case.

If the defendant replies to the possession claim a copy is served on the claimant and placed on the court file for the initial possession hearing. On PCOL, defendants can complete the response form which is a statement of means and is required in advance of the possession hearing.

A Defendant to a CE filing case has the same options as a defendant to a non-CE filed case.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

If the defendant does not to respond to a claim the creditor can request judgment by default online via MCOL. A request can be made by selecting the Judgment Start option. The creditor is asked to decide whether he/she wants the defendant to pay the claim by instalments or in one lump payment. If the creditor has claimed interest as part of the original claim he/she is entitled to claim interest from the date of issue up to the date judgment is requested. As with the initiation of claims, a request for judgment if received via MCOL before 09.00 on a day when courts are open will be processed at the end of the day. Where it is received after 09.00 it will be processed on the next day when the court is open and may not appear on MCOL until the following day.

PCOL can be used to apply to the court for a date to be fixed for possession where the defendant has failed to comply with the terms of an Order for Possession. However the required supporting evidence must be filed directly with the court and cannot be attached to an online application.

The failure to engage with the process on the part of the defendant in a CE-Filed case will lead to the same outcomes in a non-CE Filed case.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

PCOL allows claimants to submit the following electronically:

  • General correspondence
  • General application
  • Request hearing adjournment
  • Withdraw claim.

For MCOL, claimants can also do the following electronically:

  • Enter judgment by admission, part admission or default
  • Issue a warrant of execution.

Claimants and defendants can submit e-mail correspondence and queries through MCOL and PCOL. However they cannot submit general correspondence or applications electronically.

CE Filing allows all documents to be field electronically.

13 Can judicial documents, and particularly judgments, be served via the internet?

Judgments can be issued on both MCOL and PCOL, however they must be served by the method prescribed in the rules.

In CE Filing cases, the originating party is responsible for service.

14 Can judicial decisions be given electronically?

Judges do not have the facility to send decisions to parties electronically.

CE filing has no bearing on the handing down of judgments.

15 Can an appeal be made and its decision served via the internet?

An appeal can be made via PCOL on a general application, but other than that no appeal can be made electronically via PCOL or MCOL. Decisions cannot be served via the internet.

CE filling has no application in appeal cases.

16 Is it possible to initiate enforcement proceedings via the internet?

Where a creditor requests judgment by default with immediate payment via MCOL, he/she can request a warrant of execution once the status on MCOL shows that judgment has been entered, and where the defendant has defaulted against the terms of the judgment (this applies whether the judgment is obtained by default or by admission.) There is a fee for issuing a warrant which the creditor will be asked to pay using either a debit or a credit card. This court fee is added to the amount owing. To request a warrant online the creditor must log onto the system using his/her user ID and password, select the claim and select the 'warrant of execution' option.

The warrant must be issued for:

Either the balance due under the judgment

Or, if the judgment is payable by instalments, a minimum sum of £50 or one monthly instalment, whichever is the greater amount.

Once the warrant has been issued it is sent electronically to the bailiffs at the defendant's home court. The bailiffs will make several attempts to recover the creditor's money.

Other methods of enforcement - the full details of which can be found on the enforcement factsheet for England and Wales - are not available via MCOL.

PCOL can be used to submit a request to the court to issue a Warrant of Possession. This provides a means to enforce a judgment or order for the possession of land (where 'land' is taken to mean both buildings and open land). If the occupants of the land do not leave voluntarily, a bailiff has powers under the warrant to evict them. A fee is required to be paid.

PCOL can also be used to submit an application to the court for Leave to Issue a Warrant of Restitution. Warrants of Restitution only apply in the circumstances when the bailiff has successfully executed a possession warrant and the previous occupant has regained possession of the property. However if an application intends to rely on a separate witness statement or documentation it is not possible to submit an application online. No other methods of enforcement can be requested via PCOL.

CE Filing has no enforcement provisions.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Parties can view their case status online, and view the history of cases that have been issued by them or against them.

Subject to the rules in the CPR, CE Files may be searched via the terminal provided for that purpose.

Related links

Link opens in new windowMoney Claim Online

Link opens in new windowPossession Claim Online

Link opens in new windowCivil Procedure Rules

Link opens in new windowMinistry of Justice


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 27/12/2018

Automatic processing - Northern Ireland

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

Yes it is possible to initiate civil court proceedings via the internet through Small Claims Online (SCOL) which can be found at Link opens in new windowhttps://www.justice-ni.gov.uk/articles/online-services

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Small Claims On Line (SCOL) is available for money claims which are less than £3,000 excluding court fees and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

The person or persons (respondent(s)) being sued can reside within the UK as long as a recognised postcode is provided to enable the identification of the proper address for service. If the respondent has an address in England, Scotland or Wales, the applicant must confirm that the cause of action for which they are claiming is not a matter which has been lodged in any other court. However if the respondent has an address outside the UK then SCOL cannot be used.

In respect of SCOL, applicants must be at least 18 years of age, must not lack mental capacity, must not be legally assisted within the meaning of the Legal Aid Act 1988 and must not be a vexatious litigant (that is a person who has been forbidden by a High Court Judge to issue proceedings in any county court in Northern Ireland without permission). Claims cannot be made against the Government or Monarchy.

Small Claims can be initiated at a court office or online using the SCOL process.

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

SCOL is currently available 24 hours a day and 7 days a week.

4 Should the details of the claim be provided in any particular format?

For SCOL the applicant will be asked to complete a series of screens. Each screen deals with a specific piece of information that is required - for example the applicant's full name and address, the name and address of the respondent or respondents and the amount of money being claimed and details of the claim.

5 How is transmission and storage of data secured?

Security is of paramount importance. Because some of the information an applicant provides can be of a sensitive nature security is provided through unique user ID and passwords. The website also has security protection and encrypts the data that passes over the Internet.

Applicants need to register with the website before they can issue a small claim online. During registration they are asked to choose a user ID and password. The password must be no less than 7 characters long and be a combination of upper and lower-case letters and numbers.

6 Is it necessary to use any kind of electronic signature and/or time record?

Electronic signatures are not required. A Statement of Truth is required to be completed by the Applicant.

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

No distinction is made between the court fees payable for claims initiated via the Internet and those for non-electronic procedures. The court fees can be paid by credit or debit card or pre-paid account. Those entitled to claim fee exemptions or remissions cannot use SCOL.

8 Is it possible to withdraw a claim that has been initiated via the internet?

A notice to withdraw a claim can be made by the Applicant; this notice can be lodged online or via the office and will set the case status to “dealt with”.

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

If a claim has been issued through SCOL a respondent may respond electronically using the claim details provided on the front of the claim form or alternatively they can respond to the relevant court office. It is not compulsory to respond via the internet.

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

The respondent can respond online to a claim made using SCOL in 3 ways. He/she can complete an:

Acceptance of Liability - if he/she admits the claim and wishes to settle it.

A respondent should complete and lodge this document if they accept that they owe this money and are going to pay the amount outstanding. They should specify if they need extra time to pay by either stating they can pay an amount per week/month or that they can pay the full amount by a certain date.

Notice of Dispute - if the respondent wishes to dispute the claim made against him/her.

If they do not agree with the claim they should complete and submit a Notice of Dispute, giving the reason why they feel this case should be disputed. Once the document is verified, the case is then transferred to the court office entered on the original application (usually a local court office) for listing (that is scheduling) and hearing. They must lodge copies of any documents that will support their case with the relevant Court Office at least 10 days before the court hearing date.

Notice of Dispute and Counterclaim - if the respondent wishes to dispute the claim made against him/her and wishes to make a counterclaim against the applicant. There will be a fee charged for this document and it is calculated depending on the amount the respondent wishes to claim. He/she will need to pay for this application by credit or debit card online. If he/she does not have a credit or debit card then they will have to submit this document to the Civil Processing Centre and make their payment by cash, postal order or cheque. Cheques should be made payable to Northern Ireland Courts and Tribunals Service.

Once the document is verified in the Civil Processing Centre it is then transferred to the court office entered on the original application (usually a local court office) for listing and hearing. The respondent must lodge copies of any documents that will support their case with the relevant Court Office at least 10 days before the court hearing date.

Where the respondent submits a defence the case is transferred to the respondent's local court. Where a counterclaim is made the case is transferred to an appropriate court. In both circumstances the case will proceed as if it was issued in a non-electronic format.

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Once the return date has expired and there is no response from the respondent the applicant can apply for a Liquidated or Unliquidated Default Decree. This Application for a Default Decree can be completed and submitted online.

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

There is no general online facility to submit documents to a court electronically however in certain circumstances at the discretion of the court, the court may indicate it will accept certain documentation electronically. Documents are accepted if transmitted between the Criminal Justice Secure eMail (CJSM) accounts i.e. from one CJSM email address to another. A Protocol for the electronic exchange of information between the Northern Ireland Courts & Tribunals Service and other organisations, in proceedings under the Children (Northern Ireland) Order 1995 details the parameters for the exchange of agreed documentation.

13 Can judicial documents, and particularly judgments, be served via the internet?

No.

14 Can judicial decisions be given electronically?

No.

15 Can an appeal be made and its decision served via the internet?

No.

16 Is it possible to initiate enforcement proceedings via the internet?

No.

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

No.

Related links

Northern Ireland Courts and Tribunals Service Link opens in new windowhttps://www.justice-ni.gov.uk/topics/courts-and-tribunals


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 16/01/2019

Automatic processing - Scotland


1. Is it possible to initiate court proceedings via the internet?

Yes, for Simple Procedure claims only. Simple Procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes where the monetary value does not exceed £5,000.

More information in respect of civil online can be accessed on the Link opens in new windowScottish Courts and Tribunals website at the following Link opens in new windowcivil online link.

The Scottish Courts and Tribunals Service has a long term goal to provide wider services electronically, but does not provide this function currently other than as described above. Initiation of different court proceedings by the internet will feature as a key objective as internal systems and processes are reviewed.

2. If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

It is available for Simple Procedure case types only; these proceedings are not exclusively via the internet and cases can still be raised in paper format with the court.

3. Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

The online facility is available 24 hours a day, 7 days a week. However, confirmation that a claim has been accepted by the court is restricted to office hours when staff are available to check competency and process claims.

4. Should the details of the claim be provided in any particular format?

Yes, there are standard forms which comply with rules of court which can be completed and submitted electronically.

Simple Procedure rules and forms are available on the Scottish Courts and Tribunals Service website at Link opens in new windowcourt rules.

5. How is transmission and storage of data secured?

Users are required to authenticate before they are given access to any data. Data is encrypted in transit and at rest. The application has been built to OWASP ASVS 3.0 level 2.

6. Is it necessary to use any kind of electronic signature and/or time record?

Electronic signature is not required.

The time and date claims and other documents lodged are recorded in the case management system.

7. Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Court fees are payable and are prescribed in legislation.

Fees can be paid electronically by credit or debit card when raising a Simple Procedure claim using civil online.

If using non-electronic procedure, fees can also be paid using cash or cheque as well as debit or credit card.

More information can be found on the Scottish Courts and Tribunals Service website at Link opens in new windowcourt fees.

8. Is it possible to withdraw a claim that has been initiated via the internet?

No, but a Simple Procedure claim can be dismissed or settled in terms or Link opens in new windowrules of court.

9. If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

It is possible but not compulsory.

10. In terms of the electronic procedure what happens if the defendant responds to the claim?

If a response is made electronically, then the court sends electronic confirmation of receipt of the response and will advise of any further procedure by sending electronic notifications.

More information can be accessed on the Scottish Courts and Tribunals Service website at Link opens in new windowresponding to a claim.

11. In terms of the electronic procedure what happens if the defendant does not respond to a claim?

If there is no response, then no notification is given by the court. The claimant will contact the respondent to advise the outcome of the case in due course.

12. Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

When a Simple Procedure case has been raised using Civil Online, then all evidence submitted to the court electronically will be presented in court electronically - this applies to Civil Online cases only.

In all other case types, this is only possible where both parties and the judge hearing the case agree the format.

13. Can judicial documents, and particularly judgments, be served via the internet?

No.

14. Can judicial decisions be given electronically?

No. However, if a case has gone to a full hearing and judicial determination by the court, a copy of the court’s opinion may subsequently be published on the Link opens in new windowScottish Courts and Tribunals Service website and/or Link opens in new windowJudiciary of Scotland website.

15. Can an appeal be made and its decision served via the internet?

No.

16. Is it possible to initiate enforcement proceedings via the internet?

No.

17. Can the parties or their legal representatives consult on-line cases? If so, how can this be done?

No. However, some court opinions are available online. Further information is available at Link opens in new windowScottish Courts and Tribunals Service and Link opens in new windowJudiciary of Scotland.


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 03/07/2019

Automatic processing - Gibraltar

TABLE OF CONTENTS


1 Is it possible to initiate court proceedings via the internet?

It is not currently possible to initiate court or enforcement proceedings via the internet in Gibraltar. It is also not possible to submit documents to a court, serve judgments, give judicial decisions or make appeals electronically in Gibraltar.

2 If so, for what types of cases is it available? Are any proceedings available exclusively via the internet?

Not applicable

3 Is the facility available at all times (i.e. 24 hours a day, 7 days a week) or just during specific hours? If so, what are those hours?

Not applicable

4 Should the details of the claim be provided in any particular format?

Not applicable

5 How is transmission and storage of data secured?

Not applicable

6 Is it necessary to use any kind of electronic signature and/or time record?

Not applicable

7 Are court fees payable? If so, how can they be paid and are they different to those for non-electronic procedures?

Not applicable

8 Is it possible to withdraw a claim that has been initiated via the internet?

Not applicable

9 If the claimant initiates proceedings via the internet is it possible and/or compulsory for the defendant to respond using the internet as well?

Not applicable

10 In terms of the electronic procedure what happens if the defendant responds to the claim?

Not applicable

11 In terms of the electronic procedure what happens if the defendant does not respond to a claim?

Not applicable

12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?

Not applicable

13 Can judicial documents, and particularly judgments, be served via the internet?

Not applicable

14 Can judicial decisions be given electronically?

Not applicable

15 Can an appeal be made and its decision served via the internet?

Not applicable

16 Is it possible to initiate enforcement proceedings via the internet?

Not applicable

17 Can the parties or their legal representatives consult on-line cases? If so, how this can be done?

Not applicable


The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 01/04/2019