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.
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