A guide to the UPC and the UP - Flipbook - Page 190
Translations of Documents for Service
11-97 Proceedings before the Court may potentially take place in a large number of languages. 176
A defendant based in the EU is entitled to refuse to accept service under art.12 Service
Regulation if the relevant document is not written in or accompanied by a translation
into either: 177
– A language which the addressee understands; or
– The official language of the Member State addressed or, if there are several official
languages in that Member State, one of the official languages.
11-98 A defendant shall be informed of these rights when the SoC is served. 178 Where a defendant is
entitled to refuse service and has notified the refusal to the Registry within two weeks of the
attempted service together with an indication of the language it understands, the Registry will
inform the claimant who must then provide the Registry with the requisite translations of at
least the SoC. 179 In this way, service can be remedied and the date of service of the SoC will be
the date on which the appropriate translation is served. 180 However, where according to the law
of a Member State a document has to be served within a particular period, the date to be taken
into account with respect to the claimant will be the date of the service of the initial document,
as determined by the law of that Member State. 181
Service of a SoC outside the Contracting Member States
11-99 Electronic communication is also the primary means of service outside the territory of the
Contracting Member States. 182 It is only when the defendant has not provided an electronic
address or cannot be served within the territory of the Contracting Member States that service
under r.274 RoP is necessary.
11-100 According to r.274 RoP, service outside the Contracting Member States can be performed
(provided that the manner of service is not contrary to the law of the state where the service is
effected) by any method provided by:
– The Service Regulation (applicable to defendants domiciled in the EU); 183
– The Hague Service Convention; 184
– Any other applicable convention or agreement where it applies;
– If no such convention or agreement applies, either through diplomatic or consular channels; or
– Any method permitted by the law of the state where service is to be effected.
11-101 The usefulness of this provision outside the EU is likely to depend upon whether the competent
authorities in the states where service is to be effected recognise the request coming from the
Court under their respective national laws. The Court is a court common to the Contracting
Member States 185 and, in relation to the matters set out in art.32(1) UPCA, jurisdiction of the
176
177
178
179
180
181
182
183
184
185
See paragraphs 11-107 to 11-133 for details on the language regime before the Court.
arts 9 and 12 Service Regulation.
r.271(7) RoP.
r.271(8) RoP. The information must include that set out in r.13(1)(a) to (p) RoP as required by r.271(7) RoP.
art.12(5) Service Regulation.
arts 12(5) and 13 Service Regulation.
rr.273 and 274 RoP.
See paragraphs 11-90 to 11-98.
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (concluded 15
November 1965), available at: https://www.hcch.net/en/instruments/conventions/full-text/?cid=17 [Accessed 13 April 2023].
art.1 para.2 UPCA and art.71a(1) Brussels I Regulation.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 180
