Task Eu Law

PRACTICE EU REGULATION
NO.1393/2007.
1.DETERMINE THE AIM OF THE REGULATION.
The aim of this regulation is for regulate the notification and transferences of legal and extralegal
between member Estates in civil or commercial matters.
2.DESCRIBE IN WHAT KIND OF CASES THE REGULATION HAS TO BE

APPLIED?
The following regulation will be implemented in civil or commercial matters when a legal or
extralegal document must be transmitted from a Member Estate to another Member Estate in
order to be notified or transferred in the latter. It will not be applied, in particular, to fiscal issues,
customs or administrative, even the Estate responsibility for actions or omissions in te exercise
of his authority.
This regulation will not be applied when the persons domicile, which must be notified, is
unknown.
Hereby, will be understood as a “Member Estate” any Member Estate excepting Denmark.
3.DESCRIBE THE SCHEME HOW JUDGES WORK WITH THIS REGULATION.

To begin with, the procedure for the transmission of judicial documents is set out in
Article 4, which states that judicial documents shall be transmitted directly and as soon
as possible between the bodies designated in accordance with Article 2.
as soon as possible between the bodies designated in accordance with Article 2.
It also states that the transmission of documents, applications, certifications,
certificates, receipts, public documents and any other documents between the
transmitting and receiving agencies may be carried out by any appropriate means
provided that the content of the document received is faithful and in conformity with
that of the document issued and that all indications contained therein are legible
without difficulty.
On the other hand, it also establishes that the document to be transmitted shall be
accompanied by a request formulated on the standard form contained in Annex I.
The form shall be completed in the official language of the Member State addressed or,
where there are several official languages, in the official language of that Member State.
requested Member State or, where there are several official languages in that Member
State, in the official language or one of the official languages of the place where service
is to be effected, or in another language which the requested Member State has
indicated it can accept.
Each Member State shall indicate the official language or languages of the institutions
of the European Union other than the official language or languages of the place where
service is to be effected. of the institutions of the European Union other than its own,
or those of its its own in which it will accept the completion of the form.
All documents transmitted shall be exempt from legalization or any equivalent formality.
or any equivalent formality.
As regards the procedure for receipt of judicial documents, Article 6 provides that once
the document has been received, the receiving agency shall send the transmitting
agency an acknowledgement of receipt by the swiftest possible means, as soon as
possible and in any event within seven days, using the standard form set out in Annex I.
In addition, if the request for service cannot be complied with due to deficiencies in the
information or the transferences, the receiving agency shall contact the transmitting
agency, by the most expeditious means possible, in order to obtain the missing
information or documents.
It also provides that if the request for service is manifestly outside the scope of this
Regulation, or if failure to comply with the formal conditions required would make
service impossible, the request and the documents transmitted shall be returned to the
transmitting agency as soon as they are received, together with the notice of return by
means of the standard form set out in Annex I.
Article 6 finally also provides that if a receiving agency receiving a document for the
service of which it has no territorial competence shall forward it, together with the
request, to the territorially competent receiving agency of the same Member State if the
request meets the conditions set out in Article 4(3), and shall inform the transmitting
agency thereof using the standard form set out in Annex I. The territorially competent
receiving agency shall inform the transmitting agency upon receipt of the document in
accordance with paragraph 1.

Task Eu Law

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PRACTICE EU REGULATION

2.DESCRIBE IN WHAT KIND OF CASES THE REGULATION HAS TO BE

3.DESCRIBE THE SCHEME HOW JUDGES WORK WITH THIS REGULATION.

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