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Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters is a European Union regulation in the field of judicial cooperation. It allows service of judicial documents from one member state to another without recourse to consular and diplomatic channels. The regulation applies to all the member states of the European Union with the exception of Denmark — however by virtue of the ''Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters'' the provisions are extended the provisions of the regulation to Denmark.〔(【引用サイトリンク】title=The European Community and Denmark further judicial cooperation in civil and commercial matters as two agreements enter into force )〕 The regulation replaces Regulation 1348/2000. Service of process in civil cases prior to the regulation was done by either under the Hague Service Convention or by means of a ''letter rogatory'' (also called a letter of request), a formal request from a court in one country to serve process to another in which the defendant is domiciled. This formal document usually required transmission from the originating Court to the Ministry of Foreign Affairs (MFA) in the state of origin, who then forwarded it, possibly through various embassies, to the MFA in the destination state. The foreign MFA would then pass the documents to the judicial authorities in that state, who would then go about the service procedures. Proof of service would then be returned via the same long winded channels. Member states of the European Union did conclude a convention amongst themselves regarding the subject (the ''Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters''), which was signed in 26 May 1997, but never entered into force as it was ratified only by Spain.〔(【引用サイトリンク】title=Treaty data, Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters )〕 This regulation enables a somewhat simplified route by establishing transmitting and receiving agencies in each of the member states. Some member states have a de-centralised system with many transmitting and receiving agencies, whereas others have a single centralised agency. The transmitting agency in one member state sends the judicial documents to the receiving agency who is then responsible for service. A Letter Rogatory is not necessary, as a standardised request form included in the annex to the regulation must be used. This aids the process by being widely recognised by the relevant authorities. In addition to service through the recipient member state's receiving agency or agencies, Article 14 of the regulation permits service on defendants directly by mail. Article 15 of the regulation allows for "direct service" through competent judicial officials in the member state, although some member states have opted out of that article. ==Receiving agencies by Member State== * Austria — decentralised — all Bezirksgerichts (district courts) * Belgium — decentralised — all huissiers de justice (bailiffs) * Cyprus — centralised — Ministry of Justice and Public Order * Czech Republic — decentralised — all Městský soud (district courts) * Denmark — not subject to the regulation * Estonia — centralised — Justiitsministeerium (Ministry of Justice) * Finland — decentralised — all Käräjäoikeus / Tingsrätt (district courts) * France — centralised — Chambre Nationale des Huissiers de Justice (National Association of Bailiffs) * Germany — decentralised — all Amtsgerichts * Greece — centralised — Ministry of Justice * Hungary — centralised — Ministry of Justice * Republic of Ireland — decentralised — all Circuit Courts * Italy — centralised — the Ufficio Unico degli Ufficiali Giudiziari in Rome (Central Office of Bailiffs) * Latvia — centralised — Latvijas Republikas Tieslietu ministrija (Ministry of Justice) * Lithuania — decentralised — all Apylinkės teismas (district courts) * Luxembourg — decentralised — all huissiers de justice * Malta — centralised — Attorney General's office * Netherlands — decentralised — all gerechtsdeurwaarders (bailiffs) * Poland — decentralised — all sąd rejonowy (district courts) * Portugal — decentralised — all tribunal da comarca (district courts) * Slovakia — Ministerstvo spravodlivosti Slovenskej republik (Ministry of Justice) * Slovenia — decentralised — all Okrožno sodišče (district courts) * Spain — decentralised — all juzgados de primera instancia (courts of first instance) * Sweden — centralised — Ministry of Justice * United Kingdom : England and Wales — centralised — the Senior Master : Northern Ireland — centralised — the Master of the High Court : Scotland — decentralised — Messengers-at-arms and Solicitors 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Service regulation」の詳細全文を読む スポンサード リンク
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