SERVICE ABROAD IN CIVIL AND COMMERCIAL MATTERS – FROM THE HAGUE CONVENTIONS TO THE EU 1393/2007 REGULATION
SERVICE ABROAD IN CIVIL AND COMMERCIAL MATTERS – FROM THE HAGUE CONVENTIONS TO THE EU 1393/2007 REGULATION

Summary/Abstract: Protection of national sovereignty is no more the major concern in the system of cross-border service of documents. What is gaining on importance is the protection of fundamental rights and legitimate expectations of litigants, whereby proper balance must be struck between the competing values. The EU 1393/2007 Regulation strengthens the guarantees concerning language. On the other hand, by introducing the standard of the “language, which the addressee understands” the Regulation lowers the requirements applied in traditional regimes of cross-border service of judicial documents to a certain extent. On the principled level, the new approach can be favoured, it however causes numerous difficulties in practice, which does not contribute to legal certainty and predictability. The same applies to the CJEU’s departure from the traditional view that states are free to implement various methods, which make service abroad unnecessary.

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