IPA UNED - Tema 2 - Inglés jurídico - 15 - Multiple choice, Exercise I

1. Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the [blank_start]______________[blank_end] in the Member States of judicial and extrajudicial documents.

2. This Regulation should not apply to service of a document on the party’s authorised representative in the Member State where the proceedings are taking place [blank_start]__________[blank_end] of the place of residence of that party.

3. Security in transmission requires that the document to be transmitted [blank_start]_________[blank_end] accompanied by a standard form, to be completed in the official language or one of the official languages of the place.

4. The service of a document should be [blank_start]_________[blank_end] as soon as possible, and in any event within one month of receipt by the receiving agency.

5. To secure the effectiveness of this Regulation, the possibility of refusing service of documents should be confined [blank_start]________[blank_end] exceptional situations

6. This rule should also apply to the [blank_start]_________[blank_end] service once the addressee has exercised his right of refusal.

7. The expiry of this period should not imply that the request be returned to the transmitting agency where it is clear that service is [blank_start]__________[blank_end] within a reasonable period.

8. 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 [blank_start]___________[blank_end] with respect to the applicant should be that determined by the law of that Member State

9. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go [blank_start]__________[blank_end] what is necessary in order to achieve those objectives.

10. It shall not extend in particular to revenue, customs or administrative matters or to [blank_start]_________[blank_end] of the State for actions or omissions in the exercise of state authority (acta iure imperii).

11. Each Member State shall designate the public officers, authorities or other persons, [blank_start]__________[blank_end] referred to as "transmitting agencies", competent for the transmission of judicial or extrajudicial documents to be served in another Member State.

12. The designation shall have effect for a period of five years and may be [blank_start]__________[blank_end] at five-year intervals.

13. The transmission of documents, requests, confirmations, receipts, certificates and any other papers between transmitting agencies and receiving agencies may be carried out by any appropriate means, provided that the content of the document received is [blank_start]___________[blank_end].

14. The applicant shall bear any costs of translation prior [blank_start]_______[blank_end] the transmission of the document.

15. [blank_start]___________[blank_end] receipt of a document, a receiving agency shall, as soon as possible and in any event within seven days of receipt, send a receipt to the transmitting agency.

16. If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency, together with the [blank_start]__________[blank_end] of return.

17. If it has not been possible to effect service within one month of receipt, the receiving agency shall continue to take all necessary steps to effect the service of the document, unless indicated [blank_start]___________[blank_end] by the transmitting agency.

18. The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he may refuse to accept the document to be served at the time of service or by returning the document to the receiving agency [blank_start]____________[blank_end] one week.

19. If the addressee has refused to accept the document pursuant to paragraph 1, the service of the document can be [blank_start]__________[blank_end] through the service on the addressee.

20. 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 [blank_start]________[blank_end] respect to the applicant shall be the date of the service of the initial document.

21. The certificate shall be [blank_start]_________[blank_end] in the official language or one of the official languages of the Member State of origin or in another language which the Member State of origin has indicated that it can accept.

22. The service of judicial documents coming from a Member State shall not give rise to any payment or [blank_start]__________[blank_end] of taxes or costs for services rendered by the Member State addressed.

23. Costs occasioned by [blank_start]__________[blank_end] to a judicial officer or to a person competent under the law of the Member State addressed shall correspond to a single fixed fee laid down by that Member State.

24. The request and document must be returned [blank_start]__________[blank_end] receipt.

25. If the addressee has [blank_start]__________[blank_end] to accept the document pursuant to paragraph 1, the service of the document can be remedied through the service on the addressee in accordance with the provisions of this Regulation of the document.

26. Without prejudice to Article 8, the date of service of a document pursuant to Article 7 shall be the date [blank_start]_________[blank_end] which it is served in accordance with the law of the Member State addressed.

27. The service of judicial documents coming from a Member State shall not give rise to any payment or reimbursement of taxes or costs [blank_start]________[blank_end] services rendered by the Member State addressed.

28. Where a [blank_start]____________[blank_end] of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given.

29. When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the [blank_start]__________[blank_end] of the time for appeal from the judgment.

30. The transmitting agency should be able to specify a time [blank_start]____________[blank_end] in the standard form after which service is no longer required.