A guide to the UPC and the UP - Flipbook - Page 189
transmitting agency. 161 Other methods described in the Service Regulation are service by
diplomatic or consular agents 162 and direct service through the judicial officers, officials or other
competent persons of the addressee’s Member State. 163
11-94 A further service method is provided as a last resort 164 provided that it is not contrary to the law
of the state where service is to be effected. 165 If, on application by the claimant to the Court,
there is a good reason to authorise service by a method or at a place not otherwise permitted
by the RoP, the Court may by way of order permit service by an alternative method or at an
alternative place. 166 On a reasoned request by the claimant, the Court may order that steps
already taken to bring the SoC to the attention of the defendant by an alternative method or
at an alternative place is good service. 167 In both of these circumstances, the Court order must
specify the following: 168
– The method or place of service; or
– The date on which the SoC is deemed served; and
– The period for filing the SoD.
Place of Service
11-95 The defendant may be served with a SoC at the following places: 169
– In the case of a company or other legal person, its statutory seat, central administration or
principal place of business within the Contracting Member States or at any place within the
Contracting Member States where it has a permanent or temporary 170 place of business;
– In the case of individuals (i.e. natural persons), where the person usually resides or where he
was last known to reside within the Contracting Member States. 171
Date of Service
11-96 The RoP provide for the deemed date of service, where service has been effected in
accordance with the RoP. This states that if service is effected by electronic communication,
service shall be deemed to take place on the day when the relevant electronic communication
was sent 172 and if service takes place by registered letter with acknowledgment of receipt (or
equivalent), on the tenth day following posting – unless it in fact (i) fails to reach the addressee,
(ii) reaches the addressee on a later date or (iii) the advice of delivery is not returned. 173 Unless
the defendant is entitled to refuse service under art.12 Service Regulation 174 and notified the
Registry within one week of this refusal, service is deemed effective even if acceptance of the
letter is refused. 175
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
art.11 Service Regulation.
art.17 Service Regulation.
art.20(1) Service Regulation.
rr.271(4)(b) and 275 RoP.
r.275(4) RoP.
r.275(1) RoP.
r.275(2) RoP.
r.275(3) RoP.
r.271(5) RoP.
The inclusion of a temporary place of business was added in order to enable service at trade fairs.
r.271(5)(b) RoP.
r.271(6)(a) RoP.
r.271(6)(b) RoP.
See paragraph 11-97.
rr.271(6)(b) and 271(7) RoP.
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A Guide to the UPC and the UP 179
