CYPRUS: SERVICE OF COURT DOCUMENTS UNDER REGULATION (EC) 1393/2007
In a case involving service of court documents in a Member State pursuant to Regulation (EC) 1393/2007, the Supreme Court of Cyprus referred the following preliminary questions to the Court of European Union:
1) Whether the service of the standard certificate, under Regulation 1393/2007, is necessary in any case or whether there can be exceptions?
2) If it is judged that the service is necessary in every case, whether the omission in this case constitutes a ground of invalidity of the service?
3) If not, whether it can be done in the spirit of Regulation 1393/2007, with service to the lawyer of the in protest appearing defendants, who has a corresponding obligation on the part of its clients to accept it or whether the service should be done with a new service under the procedure laid down in Regulation 1393/2007?
In a much anticipated decision, the Court of the European Union held that the failure to service the printed certificateappearing in Annex II of Regulation 1393/2007 at the time of service of the writ of summons, does not constitute a ground of invalidity of such service or notification, if the recipient was given the ability to assert his rights in legal proceedings in the State of origin.
For further information on this topic please contact
Mr. Antonis Alexopoulos (firstname.lastname@example.org) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
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