A. TITEL

Verdrag inzake de betekening en de kennisgeving in het buitenland van gerechtelijke en buitengerechtelijke stukken in burgerlijke en in handelszaken;

’s-Gravenhage, 15 november 1965

B. TEKST

De Franse en de Engelse tekst van het Verdrag zijn geplaatst in Trb. 1966, 91.

C. VERTALING

Zie Trb. 1969, 155 en 210.

D. PARLEMENT

Zie Trb. 1975, 150.

E. PARTIJGEGEVENS

Zie rubriek E van Trb. 1966, 91 en rubriek F van Trb. 1969, 210.

Partij

Onder tekening

Ratificatie

Type*

In werking

Opzegging

Buiten werking

Albanië

 

01-11-06

T

01-07-07

   

Antigua en Barbuda

 

01-05-85

VG

01-11-81

   

Argentinië

 

02-02-01

T

01-12-01

   

Bahama’s

 

17-06-97

T

01-02-98

   

Barbados

 

10-02-69

T

01-10-69

   

Belarus

 

06-07-97

T

01-02-98

   

België

21-01-66

19-11-70

R

18-01-71

   

Bosnië en Herzegovina

 

16-06-08

T

     

Botswana

 

10-02-69

T

01-09-69

   

Bulgarije

 

23-11-99

T

01-08-00

   

Canada

 

26-09-88

T

01-05-89

   

China

 

06-05-91

T

01-01-92

   

Cyprus

 

26-10-82

T

01-06-83

   

Denemarken

07-01-69

02-08-69

R

01-10-69

   

Duitsland

15-11-65

27-04-79

R

26-06-79

   

Egypte

01-03-66

12-12-68

R

10-02-69

   

Estland

 

02-02-96

T

01-10-96

   

Finland

15-11-65

11-09-69

R

10-11-69

   

Frankrijk

12-01-67

03-07-72

R

01-09-72

   

Griekenland

20-07-83

20-07-83

R

18-09-83

   

Hongarije

 

13-07-04

T

01-04-05

   

Ierland

20-10-89

05-04-94

R

04-06-94

   

India

 

23-11-06

T

01-08-07

   

Israël

25-11-65

14-08-72

R

13-10-72

   

Italië

25-01-79

25-11-81

R

24-01-82

   

Japan

12-03-70

28-05-70

R

27-07-70

   

Koeweit

 

08-05-02

T

01-12-02

   

Kroatië

 

28-02-06

T

01-11-06

   

Letland

 

28-03-95

T

01-11-95

   

Litouwen

 

02-08-00

T

01-06-01

   

Luxemburg

27-10-71

09-07-75

R

07-09-75

   

Malawi

 

24-04-72

T

01-12-72

   

Mexico

 

02-11-99

T

01-06-00

   

Monaco

 

01-03-07

T

01-11-07

   

Nederlanden, het Koninkrijk der

15-11-65

         

– Nederland

 

03-11-75

R

02-01-76

   

– Ned. Antillen

 

 

   

– Aruba

 

28-05-86

R

27-07-86

   

Noorwegen

15-10-68

02-08-69

R

01-10-69

   

Oekraïne

 

01-02-01

T

01-12-01

   

Pakistan

 

07-12-88

T

01-08-89

   

Polen

 

13-02-96

T

01-09-96

   

Portugal

05-07-71

27-12-73

R

25-02-74

   

Roemenië

 

21-08-03

T

01-04-04

   

Russische Federatie

 

01-05-01

T

01-12-01

   

San Marino

 

15-04-02

T

01-11-02

   

Seychellen, de

 

18-11-80

T

01-07-81

   

Sint Vincent en de Grenadines

 

06-01-05

VG

27-10-79

   

Slovenië

 

18-09-00

T

01-06-01

   

Slowakije

 

15-03-93

VG

01-01-93

   

Spanje

21-10-76

04-06-87

R

03-08-87

   

Sri Lanka

 

31-08-00

T

01-06-01

   

Tsjechië

 

28-01-93

VG

01-01-93

   

Tsjechoslowakije (<01-01-1993)

 

23-09-81

T

01-06-82

   

Turkije

11-06-68

28-02-72

R

28-04-72

   

Venezuela

 

29-10-93

T

01-07-94

   

Verenigd Koninkrijk, het

10-12-65

17-11-67

R

10-02-69

   

Verenigde Staten van Amerika, de

15-11-65

24-08-67

R

10-02-69

   

Zuid-Korea

 

13-01-00

T

01-08-00

   

Zweden

04-02-69

02-08-69

R

01-10-69

   

Zwitserland

21-05-85

02-11-94

R

01-01-95

   

* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R= Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebonden heid, NB=Niet bekend

Uitbreidingen

China

Uitgebreid tot

In werking

Buiten werking

Hong Kong SAR

01-07-1997

 

Macau SAR

20-12-1999

 

Portugal

Uitgebreid tot

In werking

Buiten werking

Macau (<20-12-1999)

12-04-1999

20-12-1999

Verenigd Koninkrijk, het

Uitgebreid tot

In werking

Buiten werking

Anguilla

28-09-1982

 

Antigua en Barbuda (< 01-11-1981)

19-07-1970

01-11-1981

Belize (< 21-09-1981)

19-07-1970

21-09-1981

Bermuda

19-07-1970

 

Britse Maagden-eilanden

19-07-1970

 

Cayman-eilanden

19-07-1970

 

Falkland-eilanden

19-07-1970

 

Fiji-eilanden (< 10-10-1970)

19-07-1970

10-10-1970

Gibraltar

19-07-1970

 

Guernsey

19-07-1970

 

Hong Kong (< 01-07-1997)

19-07-1970

01-07-1997

Jersey

19-07-1970

 

Kiribati (< 12-07-1979)

19-07-1970

12-07-1979

Line-eilanden (< 12-07-1979)

19-07-1970

12-07-1979

Man

19-07-1970

 

Montserrat

19-07-1970

 

Pitcairn-eilanden

19-07-1970

 

Salomons-eilanden (< 07-07-1978)

19-07-1970

07-07-1978

Seychelles (< 29-06-1976)

19-07-1970

29-06-1976

Sint Helena

19-07-1970

 

Sint Kitts en Nevis (< 19-11-1983)

01-05-1983

19-11-1983

Sint Lucia (< 22-02-1979)

19-07-1970

22-02-1979

Sint Vincent en de Grenadines (<27-10-1979)

19-07-1970

27-10-1979

Turks- en Caicos-eilanden

19-07-1970

 

Verenigde Staten van Amerika, de

Uitgebreid tot

In werking

Buiten werking

Amerikaanse Maagden-eilanden

10-02-1969

 

Guam

10-02-1969

 

Noordelijke Marianen

30-05-1994

 

Puerto Rico

10-02-1969

 

Verklaringen, voorbehouden en bezwaren1)

Argentinië, 2 februari 2001

  • 1. To Article 5, third paragraph:

    The Argentine Republic shall not accept documents to be served or transmitted unless they are accompanied by a translation into the Spa nish language.

  • 3. To Article 21, second paragraph, a):

    The Argentine Republic opposes to the use of methods of transmission pursuant to Article 10.

  • 4. To Article 21, second paragraph b):

    The Argentine Government accepts declarations pursuant to second paragraph of Article 15 and third paragraph of Article 16.

  • 5. The Argentine Republic rejects the claimed extension of application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, adopted at The Hague on November 14, 1965, to the Malvinas, South Georgias and South Sandwich Islands as notified on May 20, 1970 by the United Kingdom of Great Britain and Northern Ireland to the Kingdom of the Netherlands as Depositary of the Convention under the “Falkland Islands and dependencies” inaccurate denomination. Therefore, the Argentine Repu blic similarly rejects the designation of the “Registrar of the Supreme Court” in the Malvinas Islands as application authority of this Convention which was made on that same opportunity, as well as any other act derived or that may be derived from this claimed territorial extension.

    The General Assembly of the United Nations has recognized the exis tence of a dispute on the Malvinas, South Georgias and South Sandwich Islands sovereignty and has urged the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to hold negotiations in order to find, as soon as possible, a peaceful and definite solution to such dispute, with United Nations Secretary General’s good offices mediation, who shall inform the General Assembly about the progress made (Resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on Decolonization having equally declared, has annually adopted a resolution which proclaims that to put and end to this colonial situation the negotiations must be resumed in order to peacefully and definitely solve this sovereignty dispute. The last of these resolutions was adopted on July 1, 1999.

    The Argentine Republic reaffirms its sovereignty on the Malvinas, South Georgias and South Sandwich Islands and its maritime surrounding areas which are an integral part of its national territory.

België, 19 november 1970

  • 3. The Government of Belgium is opposed to the service of judicial documents on Belgian territory as provided for in article 8, paragraph 1;

  • 4. The Government of Belgium declares that it will act in accordance with the provision in article 15, paragraph 2;

  • 5. In accordance with article 16, paragraph 3, the Government of Belgium declares that the applications referred to in article 16, paragraph 2 will not be entertained if filed after the expiration of one year following the date of the judgment;

  • 6. The Government of Belgium wishes to draw attention to the fact that any application for service filed in accordance with article 5, paragraph 1, (a) or (b), shall require the intervention of a judicial officer and that the ensuing costs for services rendered must be reimbursed in accor dance with article 12 of the Convention.

Botswana, 9 oktober 1970

Under Article 10 Botswana Government advises that it objects to the methods set out in (b) and (c).

Under Article 15 a judge may give judgement if all the conditions specified in paragraph 2 of this Article are fullfilled.

Finally, the Office of the President of the Republic of Botswana advises that all documents forwarded for service be in duplicate and, if in any language other than English, an English translation be attached.

Botswana, 5 maart 1974

  • 4. It is declared that the Government of Botswana objects to the method of service referred to in sub-paragraphs (b) and (c) of Article 10.

  • 5. It is declared that a judge of the High Court of Botswana may give judgement if all the conditions specified in paragraph 2 of Article 15 are fulfilled.

    The authorities designated (…) will require all documents forwarded to them for service under the provisions of the Convention to be in triplicate and pursuant to the third paragraph of Article 5 of the Convention will require the documents to be written in, or translated into the English language.

Botswana, 28 oktober 1974

The Office of the President of the Republic of Botswana declared that the authorities designated by Botswana in terms of the Convention require henceforth all documents forwarded to them for service to be in duplicate.

Bulgarije, 23 november 1999

Reservation on article 5, paragraph 3:

The Republic of Bulgaria requires the document, which is to be served, to be written in or accompanied by a translation into the Bulgarian language.

Declaration on article 8, paragraph 2:

The Republic of Bulgaria declares that within Bulgarian territory foreign diplomatic and consular agents may effect service of judicial and extrajudicial documents only upon nationals of the State which they represent.

Declaration on article 10:

The Republic of Bulgaria objects to the use of the channels of transmission for service mentioned in article 10 of the Convention.

Declaration on article 15, paragraph 2:

The judge gives judgment provided that all certificates under article 15, paragraph 2 are available.

Declaration on article 16, paragraph 3:

The Republic of Bulgaria will not accept applications for relief concer ning judgments under paragraph I of this article after the expiration of one year following the date of the judgment.

Canada, 26 september 1988

  • 2. Methods of service employed by the Central Authority (Article 5)

    • 2.1. Formal service (Article 5, paragraph 1, sub-paragraph a)

      In Canada, service will be effected according to the methods of service prescribed by the laws in force in each province and territory.

      The normal procedure that will be used by central authorities in Canada is personal service made by a sheriff or deputy sheriff or a huissier in Quebec, on an individual or on a corporation by handing a copy of the document to the defendant in person, wherever he may be, or to the President, Chairman or other Chief Officer of a corporation at the place of business. Service may also be effected by leaving a copy of the document with a person of a reasonable age at the defendant’s domicile or residence.

      Where service is made on a corporation, provincial laws usually provide for service on a director or senior officer of the corporation or, in some cases, on a registered agent or on a responsible person at the registered office of the corporation.

    • 2.2. Informal delivery (Article 5, paragraph 2)

      The practice of informal delivery (“par simple remise“) of judicial or extra judicial documents is not known in Canada.

    • 2.3. Service by a particular method (Article 5, paragraph 1, sub-paragraph b)

      In Alberta, New Brunswick and Ontario, service will be made by certified mail at the option of the requesting party. In Ontario, the Central Authority will serve by any form of mail, at the option of the requesting party.

    • 2.4. Translation requirements (Article 5, paragraph 3)

      For both Formal service and Service by a particular method, translation requirements will depend on the province or territory concerned.

      For Alberta, British Columbia, Newfoundland, Nova Scotia, Prince Edward Island, Saskatchewan, all documents must be written in or translated into English.

      For Ontario, Manitoba, and the Northwest Territories, all documents must be written in or translated into English or French.

      For New Brunswick and the Yukon, all documents must be written in or translated into English or French. The Central Authority of New Brunswick or the Yukon may reserve the right to require documents to be translated into English or French depending on the language understood by the addressee.

      For Quebec, translation will be required in all cases where the recipient does not understand the language in which the document is written. All documents which commence actions must be translated. Summary translation of all other documents is acceptable if the recipient agrees.

      Translation is to be done into the French language; however, the Quebec central authority may, upon request, allow a translation in English at the condition that the recipient understands this language.

      Costs (Article 12, paragraph 2, sub-paragraph a)

      Costs for execution of service will be of $ 50.– Can.

  • I. Transmission through consular or diplomatic channel (Articles 8 and 9)

    • A. Acceptance

      On accession, Canada has not declared that it objects to service by consular or diplomatic channels on its territory.

    • B. Forwarding to the Contracting States

      Canada does not object to service by consular channels of Canadian documents abroad providing that the recipient accepts this method of service.

  • II. Transmission through postal channels (Article 10, sub-paragraph a)

    • A. Acceptance

      Canada does not object to service by postal channels.

    • B. Forwarding to other contracting States

      Canadian law allows the use of postal channels to serve Canadian documents to persons abroad.

  • III. Service through judicial officers, notably “huissiers“, etc. of the requested State (Article 10, sub-paragraphs b) and c))

    On accession, Canada has not declared to object to methods of service of Article 10, sub- paragraphs b) and c).

  • IV. Other direct channels (Article 11); special agreements (Articles 24 and 25)

    Canada is party to bilateral conventions on civil procedure with the following States:

    Austria: Canada Treaty Series, 1935, no 16

    Belgium: Canada Treaty Series, 1928, no 16

    Czechoslovakia: Canada Treaty Series, 1928, no 17

    Denmark: Canada Treaty Series, 1936, no 4

    Finland: Canada Treaty Series, 1936, no 5

    France: Canada Treaty Series, 1928, no 15

    Germany: Canada Treaty Series, 1935, no 11

    Greece: Canada Treaty Series, 1938, no 11

    Hungary: Canada Treaty Series, 1939, no 6

    Iraq: Canada Treaty Series, 1938, no 12

    Italy: Canada Treaty Series, 1938, no 14

    Netherlands: Canada Treaty Series, 1936, no 2

    Norway: Canada Treaty Series, 1935, no 15

    Poland: Canada Treaty Series, 1935, no 18

    Portugal: Canada Treaty Series, 1935, no 17

    Spain: Canada Treaty Series, 1935, no 12

    Sweden: Canada Treaty Series, 1935, no 13

    Turkey: Canada Treaty Series, 1935, no 19

    Yugoslavia: Canada Treaty Series, 1939, no 4

GUARANTEES UNDER THE CONVENTION

Declarations made pursuant to Articles 15, paragraph 1 or 16, paragraph 3

  • 1. Stays of entry (Article 15, paragraph 2)

    Canada declares that the judges may give judgment under the conditions stated in Article 15 of the Convention.

  • 2. Relief from expiration of the period of time for appeal (Article 16, paragraph 3)

    Canada declares that an application filed under Article 16 of the Convention will not be entertained if it is filed after the expiration of one year following the date of the judgment, except in exceptional cases determined by the rules of the Court seized of the matter.

China, 6 mei 1991

  • 2. to declare according to the second paragraph of Article 8 that the means of service stipulated in the first paragraph of that Article may be used within the territory of the People’s Republic of China only when the document is to be served upon a national of the State in which the documents originate.

  • 3. to oppose the service of documents in the territory of the People’s Republic of China by the methods provided by Article 10 of the Convention.

  • 4. to declare in accordance with the second paragraph of Article 15 of the Convention that if all the conditions provided in that paragraph are fulfilled, the judge, notwithstanding the provisions of the first paragraph of that Article, may give judgment even if no certificate of service or delivery has been received.

  • 5. to declare in accordance with the third paragraph of Article 16 of the Convention that the application for relief from the effects of the expiration of the time for appeal shall not be entertained except that it is filed within one year following the date of the judgement.

China, 16 juni 1997

In accordance with the Joint Declaration of the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984, the People’s Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People’s Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government of the People’s Republic of China.

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters done on 15 November 1965 (hereinafter referred to as the “Convention”), by which the Go vernment of the Kingdom of the Netherlands is designated as the depository, to which the Government of the People’s Republic of China depo sited its instrument of accession on 3 May 1991, will apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People’s Republic of China also makes the follo wing declarations:

  • 1. In accordance with Paragraph 2 of Article 8 of the Convention, it declares that the means of service referred to in Paragraph 1 of this Article may be used within the Hong Kong Special Administrative Region only when the document is to be served upon a national of the state in which the document originates.

  • 4. With reference to the provisions of Sub-paragraphs (b) and (c) of Article 10 of the Convention, documents for service through official channels will be accepted in the Hong Kong Special Administrative Region only by the Central Authority or other Authority designated, and only from judicial, consular or diplomatic officers of other Contracting States.

The Government of the People’s Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Hong Kong Special Adminstrative Region.

China, 10 december 1999

In accordance with the Joint Declaration of the Government of the People’s Republic of China and the Government of the Republic of Portugal on the Question of Macau signed on 13 April 1987, the Government of the People’s Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People’s Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government of the People’s Republic of China.

The Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, concluded at The Hague on 15 November 1965 (hereinafter referred to as the Convention), to which the Government of the People’s Republic of China deposited the instrument of accession on 3 May 1991, shall apply to the Macau Special Administrative Region with effect from 20 December 1999. The Go vernment of the People’s Republic of China also whishes to make the following declaration:

  • 2. In accordance with the second paragraph of Article 8 of the Convention, it declares that the means of service stipulated in the first paragraph of that Article may be used within the Macau Special Administrative Region only when the document is to be served upon a national of the State in which the document originates.

  • 3. In accordance with the second paragraph of Article 15 of the Convention, it declares that if all the conditions provided in that paragraph are fulfilled, the judge of the Macau Special Administrative Region, notwithstanding the provisions of the first paragraph of that Article, may give judgement even if no certificate of service or delivery has been received.

  • 4. In accordance with the third paragraph of Article 16 of the Convention, it declares that in the Macau Special Administrative Region, the application for relief from the effects of the expiration of the time for appeal shall not be entertained except that it is filed within one year following the date of the judgement.

    The Government of the People’s Republic of China shall assume the responsibility for the international rights and obligations arising from the application of the Convention to the Macau Special Administrative Region.

China, 1 november 2000

In accordance with paragraph 3 of Article 5 of the Convention, it declares that documents to be served in the Macao Special Administrative Region under the first paragraph of Article 5 shall be written in either Chinese or Portuguese, or be accompanied by a translation in either Chinese or Portuguese.

Cyprus, 23 januari 1984

  • d) Articles 8 and 10:

    No opposition to the methods of transmission of documents provided by these articles.

  • e) Article 15:

    Declaration that judgement may be given if all conditions laid down in paragraph 2 are fulfilled.

  • f) Article 16:

    Declaration pursuant to paragraph 3 that the application will not be entertained if it is filed after the expiration of one year from the date of the judgement.

Denemarken, 2 augustus 1969

re Article 10

Denmark is unable to recognize the method of effecting service set out in article 10, paragraph c.

re Article 15

Denmark avails itself of the power, provided for in article 15, second paragraph, to declare that the judge may give judgement in a matter even if the provisions of article 15, first paragraph, are not fulfilled.

re Article 16

Denmark will apply the provisions of article 16, paragraph 3, meaning that an application will not be entertained if it is filed after the expiration of one year following the date of the judgment.

Whether a case in which a default judgment is entered against a defen dant should be re-opened is decided in accordance with articles 373 and 374 in conjunction with article 434 of the Code of Procedure, which state that a person against whom a judgment has been entered by default at first instance may file an application to re-open the case if he can prove that his failure to appear cannot be ascribed to him. The application to re-open the case must be filed as promptly as possible and will not be entertained after the expiration of one year following the date of the judgment.

Duitsland, 27 april 1979

The Central Authorities are empowered to have requests for service complied with directly by postal channels if the conditions for service in accordance with paragraph 1 (a) of Article 5 of the Convention have been fulfilled.In that case the competent Central Authority will hand over the document to the postal authorities for service. In all other cases the local court (Amtsgericht) in whose district the documents are to be served shall be competent to comply with requests for service. Service shall be effected by the registry of the local court.

Formal service (paragraph 1 of Article 5 of the Convention) shall be permissible only if the document to be served is written in, or translated into, the German language.

  • 4. In accordance with paragraph 2(a) of Article 21 of the Convention, the Government of the Federal Republic of Germany objects to the use of methods of transmission pursuant to Articles 8 and 10. Service through diplomatic or consular agents (Article 8 of the Convention) is therefore only permissible if the document is to be served upon a national of the State sending the document. Service pursuant to Article 10 of the Convention shall not be effected.

Duitsland, 19 november 1992

  • 1. Notwithstanding the provisions of the first paragraph of Article 15, a German judge may give judgement even if no certificate of service or delivery has been received, if all the following conditions are fulfilled:

    • the document was transmitted by one of the methods provided for in this Convention,

    • a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document,

    • no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

  • 2. An application for relief in accordance with Article 16 will not be entertained if it is filed after the expiration of one year following the termination of the time-limit which has not been observed.

Egypte, 1 maart 1966

It is understood that the signing of this Agreement does not mean in any way a recognition of Israel by the Government of the United Arab Republic. Furthermore, no treaty relations will arise between the United Arab Republic and Israel.

Egypte, 16 januari 1969

The Government of the United Arab Republic opposes the use of the methods of transmitting abroad the judicial and extra-judicial documents according to Articles 8 and 10 of the Convention.

Egypte, 22 januari 1980

… the Republic of Egypt declares (with effect from January 25, 1980) the withdrawal of its reservations, previously set with regard to the recognition of and the arising of treaty relations with Israël, …

Estland, 2 februari 1996

  • 1. the Republic of Estonia is against the way of forwarding referred to in point c of Article 10;

  • 2. on the basis of Article 15 the judge may give judgement under the said conditions;

  • 3. on the basis of paragraph 3 of Article 16 for a period of three years.

Finland, 11 november 1969

  • 3. Finnish authorities are not obliged to assist in serving documents transmitted by using any of the methods referred to in sub-paragraphs (b) and (c) of art. 10 of the Convention.

Frankrijk, 3 juli 1972

  • 4. The Government of the French Republic declares that, in accordance with article 8, it is opposed to the service of documents effected directly by the diplomatic or consular agents of the Contracting States on persons who are not nationals of those States.

  • 5. The Government of the French Republic agrees to the provisions of article 15, paragraph 2.

    With reference to article 16, paragraph 3, it also declares that an application for relief will no longer be entertained if it is filed after the expiration of more than twelve months following the date of the judgment.

Griekenland, 21 december 1989

The judges of the Hellenic Republic may give judgement if all the conditions in Article 15, paragraph 2, letters a, b and c of the Convention are fulfilled even if no certificate of service or delivery has been received.

Griekenland, 13 juli 1999

Greece declares that formal service will be effected only if the document to be served is written in, or translated into, Greek.

Griekenland, 8 mei 2000

Greece is opposed to the method of service provided in Article 8, unless the document to be served is addressed to a citizen of the requesting state.

Greece is opposed to the method of services provided in article 10.

Hongarije, 13 juli 2004

To Article 5

The service methods prescribed in Paragraph 1 of Article 5 of the Convention shall only be applied in the Republic of Hungary in case the document to be served is accompanied by an official translation into the Hungarian language.

To Article 8

The Republic of Hungary objects to the direct service of documents by foreign diplomatic or consular agents on the territory of the Republic of Hungary unless the addressee is a national of the sending state of the diplomatic or consular agent.

To Article 10

The Republic of Hungary objects to the use of the service methods prescribed in Article 10 of the Convention.

To Article 15

The Republic of Hungary declares that the Hungarian courts may give judgement if all the conditions set out in Paragraph 2 of Article 15 of the Convention are fulfilled.

To Article 16

The Republic of Hungary declares that applications for relief set out in Article 16 of the Convention will not be entertained if it is filed more than one year after the date of judgement.

Ierland, 5 april 1994

Article 15

Pursuant to the second paragraph of Article 15 a Judge in Ireland may give judgement even if no certificate of service or delivery has been received, if the conditions set out in the second paragraph of Article 15 of the Convention are fulfilled.

And the following objections:

Article 10

In accordance with the provision in Article 10 of the Convention the Government of Ireland objects to

  • (i) the freedom under Article l0(b) of judicial officers, officials or other competent persons of the State of origin to effect service in Ireland of judicial documents directly through judicial officers, officials or other competent persons and

  • (ii) the freedom under Article l0(c) of any person interested in a judicial proceeding to effect service in Ireland of judicial documents directly through judicial officers, officials or other competent persons but this is not intended to preclude any person in another contracting State who is interested in a judicial proceeding (including his lawyer) from effecting service in Ireland directly through a solicitor in Ireland.

India, 23 november 2006

  • All requests for service of documents should be in English language or accompanied by an English translation;

  • The service of judicial documents through diplomatic or consular channels will be limited to the nationals of the State in which the documents originate;

  • India is opposed to the methods of service provided in Article 10;

  • In terms of Article 15, Indian courts may give judgment if all conditions specified in the second paragraph of that Article are fulfilled; and

  • For purposes of Article 16, an application for relief will not be entertained if filed after the expiration of one year following the date of the judgment.

Israël, 14 augustus 1972

  • b) The State of Israel, in its quality as State of destination, will, in what concerns Article 10, paragraphs b) and c), of the Convention, effect the service of judicial documents only through the Directorate of Courts, and only where an application for such service emanates from a judicial authority or from the diplomatic or consular representation of a Contracting State;

  • c) An application to relieve a defendant from the effects of the expiration of the time of appeal from a judgment within the meaning of Article 16 of the Convention will be entertained only if filed within one year from the date of the judgment in question.

Italië, 25 november 1981

  • d) the costs of any application for service under article 5, paragraph 1 (a) and (b) requiring the intervention of a judicial officer must be paid in advance in the amount of 6,000 lire, unless the amount was adjusted at the time the document was delivered. However, the costs occasioned by service of the document, payable in accordance with article 12, paragraph 2 of the Convention, may be paid after delivery in the manner specifically set by the judicial officer.

The Italian Republic will require no advance payment or reimbursement of the cost of service of documents requested by the Contracting States so long as they too require no advance payment or reimbursement of costs for documents originating in Italy.

Japan, 14 juli 1970

  • 4. It is declared that the Government of Japan objects to the use of the methods of service referred to in subparagraphs (b) and (c) of Article 10.

  • 5. It is declared that Japanese courts may give judgment if all the conditions specified in the second paragraph of Article 15 are fulfilled.

Koeweit, 29 juni 2005

  • 4. The opposition to methods of service of judicial documents mentioned in Article 8 and 10 of the Convention.

  • 5. The reservation against Paragraph 2 of Article 15.

  • 6. The understanding of Paragraph 3 of Article 16 of the Convention, as for the time limit, mentioned in this paragraph, is the time fixed by the law of the trial judge or one year following the date of judgment which ever is longer.

Kroatië, 28 februari 2006

Declaration in accordance with Article 5 of the Convention:

The Republic of Croatia declares that documents served pursuant to Article 5, paragraph 1, should be accompanied by a translation into the Croatian language.

Declaration in accordance with Article 8 of the Convention:

The Republic of Croatia declares that it is opposed to direct service of judicial documents upon persons within its territory through foreign diplomatic or consular agents, unless the document is to be served upon a national of the State in which the document originate.

Declaration in accordance with Article 10 of the Convention:

The Republic of Croatia declares that it is opposed to the mode of ser vice specified in Article 10 of the Convention.

Declaration in accordance with Article 15 of the Convention:

The Republic of Croatia declares that Croatian courts may give a judgement if all the conditions set out in paragraph 2 of Article 15 of the Convention are fulfilled.

Declaration in accordance with Article 16 of the Convention:

The Republic of Croatia declares that applications for relief set out in Article 16 of the Convention will not be entertained if they are filed after the expiration of a period of one year following the date on which the judgement was given.

Litouwen, 2 augustus 2000

And whereas it is provided in Article 8 of the said Convention, the Republic of Lithuania declares that it opposes to the ways of service of documents provided in this Article, unless the documents are to be served upon a national of the State in which the documents originate;

And whereas it is provided in Article 10 of the said Convention, the Republic of Lithuania declares that it is opposed to the ways of service of documents provided in this Article;

And whereas it is provided in paragraph 2 of Article 15 of the said Convention, the Republic of Lithuania declares that the judge of the Republic of Lithuania may give judgment even if no certificate of service or delivery has been received, if all conditions of paragraph 2 of Article 15 are fulfilled;

And whereas it is provided in paragraph 2 of Article 16 of the said Convention, the Republic of Lithuania declares that an application for relief will not be entertained if it is filed after the expiration of one year following the date of the final judgment.

Luxemburg, 9 juli 1975

  • 2. In accordance with article 8, the Government of Luxembourg declares that it is opposed to the direct service of documents on its territory by diplomatic and consular agents other than to their own nationals.

  • 3. In accordance with article 10, the Government of Luxembourg objects to the sending of judicial documents by postal channels to persons on its territory.

  • 4. When foreign judicial documents are served in accordance with article 5 (a) and article 10 (b) and (c) by a Luxembourg judicial officer, they must be drafted in French or German or accompanied by a translation into one of these languages.

  • 5. The Government of Luxembourg declares that, notwithstanding the provisions of article 15, paragraph 1 of the Convention, its courts may give judgment if all the conditions of article 15, paragraph 2 are fulfilled.

  • 6. In accordance with article 16, paragraph 3 of the Convention, the Government of Luxembourg declares that the applications referred to in paragraph 2 of that same article will not be entertained if they are filed after the expiration of one year following the date of the judgment.

Luxemburg, 15 juni 1978

The Government of Luxembourg withdraws the folllowing declaration:

In accordance with article 10, the Government of Luxembourg objects to the sending of judicial documents by postal channels to persons on its territory.

Mexico, 2 november 1999

  • 2. In relation to Article 5, when the judicial and extrajudicial documents to be served in Mexican territory are written in a language other than Spanish, they must be accompanied by the corresponding translation.

  • 4. In relation to Article 8, the contracting States shall not be able to effect service of judicial documents directly through its diplomatic or consular agencies in Mexican territory, unless the document is to be served upon a national of the State in which the documents originate and provided that such a procedure does not contravene public law or violate individual guarantees.

  • 5. In relation to Article 10, the United Mexican States are opposed to the direct service of documents through diplomatic or consular agents to persons in Mexican territory according to the procedures described in sub-paragraphs a), b) and c), unless the Judicial Authority exceptionally grants the simplification different from the national regulations and provided that such a procedure does not contravene public law or violate individual guarantees. The request must contain the description of the formalities whose application is required to effect service of the document.

  • 6. In relation to the first paragraph of Article 12, the costs occasioned by serving judicial or extrajudicial documents will be covered by the applicant, unless the State in which the documents originate does not demand payment for those services from Mexico.

  • 7. In relation to Article 15, second paragraph, the Government of Mexico does not recognize the faculty of the Judicial Authority to give judgement when the defendant has not appeared and there is no communication establishing that the document was served, or that documents originating outside the country were indeed delivered, according to sub-paragraphs a) and b) of the first paragraph.

  • 8. In relation to Article 16, third paragraph, the Government of Mexico declares that such an application will not be admitted if it is filed later than a year following the date of the decision, or a longer period which the judge may deem reasonable.

The Government of Mexico will understand that, in cases in which sentence has been passed without the defendant having been duly summoned, the nullity of the proceedings will be established under the provisions of the applicable legislation.

Mexico, 24 januari 2002

… requests … that, besides English or French the request forms addressed to the Mexican Central Authority should be filled in Spanish, according to Article 5 of the Convention.

Monaco, 1 maart 2007

  • 1. The Principality of Monaco declares, as provided in article 8, that it is opposed to the service of judicial documents directly through the diplomatic or consular agents of the contracting States upon persons who are not nationals of these States.

  • 2. The Principality of Monaco declares that it objects to the exercise of the freedom described in article 10, paragraph 1 (a).

  • 3. The Principality of Monaco declares that it approves the dispositions laid down in article 15, paragraph 2.

  • 4. With regard to article 16, paragraph 3, the Principality of Monaco declares that an application to relieve a defendant who has not appeared from the effects of the expiration of the time for appeal will no longer be entertained if it is filed more than twelve months after the date of the judgment.

Nederlanden, het Koninkrijk der, 3 november 1975

  • 5. As an exception to the provisions of article 15, paragraph 1 of the Convention, the Dutch courts may give judgment even if no certificate has been received stating that service or delivery was effected, so long as all the following conditions are fulfilled:

    • a) the document was forwarded through one of the channels provided for in the Convention;

    • b) the time limit set by the court in each case, which must be at least six months, has elapsed since the document was sent;

    • c) despite the exercise of due diligence in contacting the competent authorities, no certificate of service or delivery could be obtained.

  • 6. An application for a new time limit within the meaning of article 16 of the Convention will be entertained only if it is filed within one year following the date of the judgment.

Noorwegen, 2 augustus 1969

  • 4. The Government of Norway is opposed to the use of such methods of service or transmission of documents on its territory as mentioned in Articles 8 and 10 of the Convention.

  • 5. Norwegian courts may give judgment when all the conditions specified in the second paragraph of Article 15 are fulfilled.

  • 6. In accordance with the third paragraph of Article 16, applications for relief according to Article 16 will not be entertained if they are delivered to the competent Norwegian authorities after the expiration of three years following the date of the judgment.

Oekraïne, 1 februari 2001

  • 3. on Article 8 of the Convention:

    service of judicial documents through diplomatic or consular agents of another State within the territory of Ukraine may be effected only upon nationals of the State in which the documents originate;

  • 5. on Article 10 of the Convention:

    Ukraine will not use methods of transmission of judicial documents provided for in Article 10 of the Convention;

  • 6. on Article 15 of the Convention:

    if all the conditions provided for in the second paragraph of the Article 15 of the Convention are fulfilled, the judge, notwithstanding the provisions of the first paragraph of Article 15 of the Convention, may give judgment even if no certificate of service or delivery has been received;

  • 7. on Article 16 of the Convention:

    application for relief will not be entertained in Ukraine if it is filed after the expiration of one year following the date of the judgment.

Oekraïne, 3 augustus 2004

Amendment of the English text of the reservation of Ukraine on Article 10:

(5.) on Article 10 of the Convention:

Ukraine will not use on its territory methods of transmission of judicial documents provided for in Article 10 of the Convention.

Pakistan, 1 februari 1990

For the purposes of Article 8 of the Convention it is hereby declared that the Government of Pakistan is opposed to service of Judicial Documents upon persons other than nationals of the requesting States, residing in Pakistan, directly through the Diplomatic and Consular agents of the requesting States.

However, it has no objection to such service by postal channels directly to the persons concerned (Article 10(a)) or directly through the judicial officers of Pakistan in terms of Article 10 (b) of the Convention if such service is recognised by the law of the requesting State.

In terms of the second paragraph of Article 15 of the Convention, it is hereby declared that notwithstanding the provision of the first paragraph thereof the judge may give judgement even if no certificate of service or delivery has been received, if the following conditions are fulfilled:

  • a) the document was transmitted by one of the methods provided for in the Convention;

  • b) the period of time of not less than 6 months, considered adequate by the Judge in the particular case, has elapsed since the date of transmission of the document; and

  • c) no certificate of any kind has been received even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

As regards Article 16, paragraph 3, of the Convention it is hereby declared that in case of ex-parte decisions, an application for setting it aside will not been entertained if it is filed after the expiration of the period of limitation prescribed by law of Pakistan.

Polen, 13 februari 1996

Articles 8 and 10:

The Republic of Poland declares that it is opposed to the modes of service specified in Articles 8 and 10 within its territory.

Portugal, 31 oktober 1974

In accordance with Article 8, paragraph 2, of the Convention, the Portuguese government grants diplomatic and consular agents the power to serve documents on their own nationals only.

The Portuguese government declares that, notwithstanding the provisions of the first paragraph of Article 15 of the Convention, its judges may give judgment if the conditions listed in paragraph 2 of the said Article are fulfilled.

In accordance with Article 16, paragraph 3, of the Convention, the Portuguese government states that the applications referred to in Article 16, paragraph 2, will not be considered if they are made after the expiration of a period of one year from the date of the judgment.

Portugal, 11 september 1999

  • 3. In accordance with the provisions of the second paragraph of article 8 of the Convention, Portugal reiterates that it recognizes to the diplomatic or consular agents the right to forward documents, for the purpose of service, exclusively to the nationals of the State in which the documents originate.

  • 5. Portugal declares that the judges of the courts of Macau, notwithstanding the provisions of the first paragraph of article 15 of the Convention, may give judgement on whether the conditions referred to in the second paragraph of the same article are fulfilled.

  • 6. In accordance with the third paragraph of article 16 of the Convention, Portugal declares that the applications referred to in the second paragraph of article 16 will not be entertained if they are filed after the expiration of one year following the date of the judgement.

Portugal, 26 november 1999

In accordance with the Joint Declaration of the Government of the Portugese Republic and of the Government of the People’s Republic of China on the question of Macau, signed in Beijing on 13 April 1987, the Government of the Portugese Republic will remain internationally responsible for Macau until 19 December 1999, the People’s Republic of China resuming from that date the exercise of sovereignity over Macau, with effect from 20 December 1999.

From 20 December 1999 the Portugese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macau.

Roemenië, 21 augustus 2003

  • 3. In accordance with Article 8, paragraph 2 of the Convention, Romania declares that the foreign diplomatic and consular agents can effect service of judicial or extrajudicial documents within the territory of Romania, exclusively upon nationals of the state they represent.

  • 4. In accordance with Article 16, paragraph 3 of the Convention, Romania shall not entertain the applications pursuant to Article 16 paragraph 2, if these are filed after the expiration of a period of one year following the date of the judgement.

Russische Federatie, 5 november 2004

  • 3. Pursuant to the third paragraph of Article 5 of the Convention documents to be served within the territory of the Russian Federation shall only be accepted if they have been written in, or translated into, the Russian language. Forms of the request for service, the certificate of service, and the document summary (with standard terms translated into Russian) are attached. Filling the blanks in Russian is most appreciated.

  • 5. Pursuant to Article 8 of the Convention, diplomatic and consular agents of foreign States are not permitted to effect service of documents within the territory of the Russian Federation, unless the document is to be served upon a national of the State in which the documents originate.

  • 6. Service of documents by methods listed in Article 10 of the Convention is not permitted in the Russian Federation.

  • 8. The Russian Federation assumes that in accordance with Article 12 of the Convention the service of judicial documents coming from a Contracting State shall not give rise to any payment or reimbursement of taxes or costs for the services rendered by the State addressed. Collection of such costs (with the exception of those provided for by subparagraphs a) and b) of the second paragraph of Article 12) by any Contracting State shall be viewed by the Russian Federation as refusal to uphold the Convention in relation to the Russian Federation, and, consequently, the Russian Federation shall not apply the Convention in relation to this Contracting State.

  • 9. In accordance with the legislation of the Russian Federation the courts of the Russian Federation may give judgments pursuant to the second paragraph of Article 15 of the Convention.

San Marino, 15 april 2002

  • 4. In conformity with Article 21, second paragraph, letter a), the Repu blic of San Marino declares its opposition to the use of methods of transmission pursuant to Articles 8 and 10.

  • 5. In conformity with Article 21, second paragraph, letter b), the Repu blic of San Marino declares pursuant to the second paragraph of Article 15, that its judges, notwithstanding the provisions of the first paragraph of said Article, may give judgement even if no certificate of service or delivery has been received, if all the conditions referred to in letters a), b) and c) are fulfilled.

Seychellen, de, 14 juli 1981

  • 2. Article 8

    The Government of the Republic of Seychelles declares that it is opposed to service by a contracting state of judicial documents upon persons abroad, without application of any compulsion, directly through the diplomatic or consular agents of that contracting state unless the document is to be served upon a national of the state in which the documents originate.

  • 3. Article 10

    The Government of the Republic of Seychelles declares that it objects to paragraph (b) and (c) of this Article, in so far as they permit service of judicial documents through officials or persons other than judicial officers.

  • 4. Article 15

    The Government of the Republic of Seychelles declares that notwithstanding the provisions of the first paragraph of this Article, the judge may give judgement even if no certificate of service or deli very has been received, if all the following conditions are fulfilled.

    • a) the document was transmitted by one of the methods provided for in this Convention,

    • b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document,

    • c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

  • 5. Article 16

    The Government of the Republic of Seychelles declares that it will not entertain an application for relief if filed later than one year following the date of the judgement.

Sint Vincent en de Grenadines, 6 februari 2008

  • d) The Government of Saint Vincent and the Grenadines declares that it is opposed to the channels of transmission provided for in articles 10(b) and (c) of the Convention.

  • e) The Government of Saint Vincent and the Grenadines declares that the provisions of the second paragraph of article 15 of the Convention shall apply to Saint Vincent and the Grenadines.

  • f) The designated authority will require all documents forwarded to it for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

Slowakije, 15 maart 1993

Slovakia maintains the declarations made by Czechoslovakia.

Spanje, 4 juni 1987

  • 1. The Spanish State declares that its judges, notwithstanding the provisions of Article 15, may give judgment even if no certificate of ser vice or delivery of documents has been received, if all the conditions enumerated in the said Article 15, paragraph 2, are fulfilled.

  • 2. The Spanish State declares that the time of expiration, referred to in Article 16, is sixteen months from the date of the judgment.

Spanje, 26 augustus 1997

Spain does not recognise the Supreme Court of Gibraltar as an Autho rity for the purpose of this Convention. Accordingly, any documents transmitted by that organ will be considered null and void.

Bezwaar door Verenigd Koninkrijk, het, 28 oktober 1997

… refer to the Ministry’s Note No 5/1997 of 1 September 1997 communicating the recent declaration by Spain to the effect that it does not recognise the Supreme Court of Gibraltar as an authority for the purposes of the Convention.

Under Article 18 of the Convention a Contracting State may designate “other authorities in addition to the Central Authority and shall determine the extent of their competence”. The Registrar of the Supreme Court of Gibraltar was designated as such authority for Gibraltar by the United Kingdom in 1970.

The Kingdom of Spain ratified the Convention in 1987, and has made no previous objection to the United Kingdom’s pre-existing designation of the Supreme Court of Gibraltar. In such circumstances, the United Kingdom is of the view that Spain may not object legitimately to this designation now. Thus the Supreme Court of Gibraltar remains the United Kingdom’s designated authority for Gibraltar for the purposes of the Convention.

Sri Lanka, 31 augustus 2000

  • c) For purposes of Article 7, the documents should be in the English language.

  • d) For purposes of Article 8, the service of judicial documents through diplomatic or consular channels should be limited only in respect of the nationals of the State in which the documents originate.

  • f) For purposes of Article 10, Sri Lanka has no objection to the procedure set out in Paragraph (b) thereof. However it does not agree to the procedure set out in Paragraphs (a) and (c).

  • g) In terms of Article 15, Sri Lanka wishes to declare that the Judge may proceed to give judgement even if no certificate of service or delivery has been received, provided the conditions set out in Article 15 are fulfilled.

Tsjechië, 28 januari 1993

The Czech Republic maintains the declarations made by Czechoslovakia.

Tsjechoslowakije (<01-01-1993), 23 september 1981

  • In accordance with Article 8 of the Convention, within the territory of the Socialist Republic of Czechoslovakia judicial documents may not be served directly through the diplomatic or consular agents of another contracting State unless the document is to be served upon a national of the State in which the documents originate;

  • in accordance with Article 10 of the Convention, within the territory of the Socialist Republic of Czechoslovakia judicial documents may not be served by another Contracting State through postal channels nor through the judicial officers, officials or other competent persons;

  • in accordance with Article 15, paragraph 2, of the Convention, Czechoslovakian judges may give judgement even if the conditions pursuant to Article 15, paragraph 1, have not been fulfilled;

  • the provisions of Article 29 of the Convention concerning the extension of the Convention to territories for the international relations of which the Contracting States are responsible are at variance with the Declaration of the United Nations General Assembly on the Granting of Independance to Colonial Countries and Peoples of 14 December 1960, and for this reason the Socialist Republic of Czechoslovakia does not consider itself to be bound by these provisions.

Tsjechoslowakije (<01-01-1993), 1 april 1982

This declaration cannot be considered a reserve in view of the fact that it does not follow other purposes than a similar declaration made at the ratification of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, though a different formulation was used.

By this declaration the Czechoslovak Socialist Republic expresses its disagreement of principle with the status of colonies and other dependent territories which is in contradiction with the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples of December 14, 1960.

The Czechoslovak Socialist Republic, however, has no intention to exclude the application of the Convention on the relations with the territories on which the use of the Convention has been extended in accordance with its Article 29.

Turkije, 28 februari 1972

  • 4. The Government of the Republic of Turkey declares that diplomatic or consular agents may effect service in accordance with article 8 of the Convention only on their own nationals.

  • 5. The Government of the Republic of Turkey declares its opposition to the methods of service set out in article 10 of the Convention.

  • 6. The Government of the Republic of Turkey declares that notwithstanding the provisions of article 15, paragraph 1, if the conditions referred to in article 15, paragraph 2 are fulfilled, its courts may give judgment.

  • 7. In accordance with article 16, paragraph 3, the Government of the Republic of Turkey declares that the applications referred to in article 16, paragraph 2 will not be entertained if they are filed after the expiration of one year following the date of the judgment.

Venezuela, 29 oktober 1993

  • 1. With regard to Article 5 (b) 3:

    The Republic of Venezuela declares that notices and documents and other items annexed to the notices will be accepted only when they are properly translated into the Spanish language.

  • 2. With regard to Article 8:

    The Republic of Venezuela does not agree to the exercise of the faculty provided for in the first paragraph of this Article within its territory, in respect of other persons who are not nationals of the country of origin.

  • 3. With regard to Article 10 (a):

    The Republic of Venezuela does not agree to the transmission of documents through postal channels.

  • 4. With regard to Article 15 (a), (b) and (c):

    The Republic of Venezuela declares that Venezuelan judges shall be empowered to decide when the conditions in sections (a), (b) and (c) of this Article are fulfilled, even though they have not received any communication evidencing either the notice or transfer, or delivery of the document.

  • 5. With regard to Article 16:

    The Republic of Venezuela declares that the request allowed by the third paragraph of this Article shall not be admissible if it is made after the expiration of the period specified in Venezuelan law.

Verenigd Koninkrijk, het, 17 november 1967

  • d) With reference to the provisions of paragraphs (b) and (c) of Article 10 of the Convention, documents for service through official channels will be accepted in the United Kingdom only by the central or additional authorities and only from judicial, consular or diplomatic officers of other Contracting States.

  • e) The United Kingdom declares its acceptance of the provisions of the second paragraph of Article 15 of the Convention.

  • f) In accordance with the provisions of the third paragraph of Article 16 of the Convention, the United Kingdom declares, in relation to Scotland only, that applications for setting aside judgments on the grounds that the defendant did not have knowledge of the proceedings in sufficient time to defend the action will not be entertained if filed more than one year after the date of judgment.

The authorities designated by the United Kingdom will require all documents forwarded to them for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of Article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

A notification under the second and third paragraphs of Article 29 regarding the extension of the Convention to the territories for the international relations of which the United Kingdom is responsible will be addressed to the Royal Netherlands Government in due course.

Verenigd Koninkrijk, het, 20 mei 1970

(for Annex mentioned below see Authorities section, same date)

  • d) With reference to the provisions of paragraphs (b) and (c) of Article 10 of the Convention, documents sent for service through official channels will be accepted in a territory listed in the Annex by the designated authority and only from judicial, consular or diplomatic officers of other Contracting States.

  • e) The acceptance by the United Kingdom of the provisions of the second paragraph of Article 15 of the Convention shall equally apply to the territories named in the Annex.

    The authorities designated in the Annex will require all documents forwarded to them for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of Article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

Declarations for Hong Kong

  • d) With reference to the provisions of paragraphs (b) and (c) of Article 10 of the Convention, documents sent for service through official channels will be accepted in Hong Kong only by the central or additonal authority and only from judicial, consular or diplomatic officers of other Contracting States.

  • e) The acceptance by the United Kingdom of the provisions of the second paragraph of Article 15 of the Convention shall equally apply to Hong Kong.

The authorities designated in paragraphs (a) to (c) will require all documents forwarded to them for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of Article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

Verenigd Koninkrijk, het, 3 augustus 1982

Declarations for Anguilla:

  • d) with reference to the provisions of paragraphs (b) and (c) of Article 10 of the Convention, documents sent for service through official channels will be accepted by the designated authority and only from judicial, consular or diplomatic officers of other contracting States.

  • e) the acceptance by the United Kingdom of the provisions of the second paragraph of Article 15 of the Convention shall apply to Anguilla.

The designated authority will require all documents forwarded to it for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of Article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

Verenigd Koninkrijk, het, 2 maart 1983

Declarations for Saint Christopher and Nevis:

  • d) with reference to the provisions of paragraphs (b) and (c) of Article 10 of the Convention, documents sent for service through official channels will be accepted by the designated authority and only from judicial, consular or diplomatic officers of other contracting states;

  • e) the acceptance by the United Kingdom of the provisions of the se cond paragraph of Article 15 of the Convention shall apply to Saint Christopher and Nevis.

The designated authority will require all documents forwarded to it for service under the provisions of the Convention to be in duplicate and, pursuant to the third paragraph of Article 5 of the Convention, will require the documents to be written in, or translated into, the English language.

Verenigd Koninkrijk, het, 11 juni 1997

… in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People’s Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

Verenigde Staten van Amerika, de, 24 augustus 1967

  • 3. In accordance with the second paragraph of Article 15, it is declared that the judge may, notwithstanding the provisions of the first paragraph of Article 15, give judgment even if no certificate of service or delivery has been received, if all the conditions specified in subdivisions (a), (b) and (c) of the second paragraph of Article 15 are fulfilled.

  • 4. In accordance with the third paragraph of Article 16, it is declared that an application under Article 16 will not be entertained if it is filed (a) after the expiration of the period within which the same may be filed under the procedural regulations of the court in which the judgment has been entered, or (b) after the expiration of one year following the date of the judgment, whichever is later.

  • 5. In accordance with Article 29, it is declared that the Convention shall extend to all the States of the United States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

Verenigde Staten van Amerika, de, 23 april 1970

United States Marshals will charge a standard fee of $ 15.00 for their services under the Convention.

Therefore, each request for service should be accompanied by an international money order made payable to the “Treasurer of the United States” in the sum of $ 15.00.

The United States Marshals only have access to persons who are physically present within their areas of jurisdiction. Therefore, it will not be possible for them to effect service on United States citizens or residents of the United States who are temporarily outside of the country either by reason of Service with the Armed Forces of the United States, employment for the United States Government, or in some other capacity.

Verenigde Staten van Amerika, de, 25 maart 1971

The requirement that each request for service be accompanied by an international money order made payable to the “Treasurer of the United States” in the sum of $ 15.00 was not intended to include international postal money orders. The use of postal money orders is not feasible because the negotiable instrument does not physically accompany the request and is extremely difficult to correlate with a particular request for service. The appropriate means to remit prepayment of the Marshal’s fee is an international money order or check – preferably a bank or certified check – which can accompany the request until service is made.

Verenigde Staten van Amerika, de, 29 juni 1978

As of June 28, 1978, the United States will not charge a fee for service of judicial documents which it receives from any State party to the Convention which does not impose a charge for the service of documents sent from the United States for service under the Convention.

Verenigde Staten van Amerika, de, 17 juli 2003

… inform … of certain changes to the way judicial assistance is afforded to foreign tribunals and to litigants before such tribunals by the Government of the United States.

Specifically this diplomatic note sets forth a new process by which requests from foreign tribunals for service of process in civil and commercial matters will be handled in the United States and supercedes the process described in previous declarations and communications of the United States. This change will affect countries party to the Hague Convention on the Service of Judicial and Extrajudicial Documents in Civil and Commercial Matters and the Inter-American Convention on Letters Rogatory and Additional Protocol, as well as countries not party to either multilateral treaty on service of process.

The Department of Justice of the United States of America has informed the Department of State that it is delegating the service of process function to a private contractor, Process Forwarding International of Seattle in the state of Washington. This procedural change does not imply the formal designation of new Central Authority for either the Hague Ser vice Convention or the Inter-American Convention on Letters Rogatory, but simply reflects the outsourcing of certain activities conducted by the Central Authority, which formally remains the U.S. Department of Justice.

Process Forwarding International will be the only private process server company authorized to act on behalf of the United States to receive requests for service, proceed to serve the documents, and complete the certificate of service. Process Forwarding International will be responsible for executing requests for service of process in the following areas: the United States (the fifty states and the District of Columbia), Guam, American Samoa, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands.

Personal service will be the preferred method used on all requests. In the event personal service is impossible to effect, Process Forwarding International will serve process by such other method or methods as may be permitted under the law of the jurisdiction. In addition, Process Forwarding International is required to complete service of documents for return to the foreign requesting authority within six weeks of receipt.

Beginning June 1, 2003, requests for service of process should be transmitted to Process Forwarding International, 910 5th Avenue, Seattle, Washington, 98104 USA, telephone: (206) 521-2979; Fax 206-224-3410; E-mail: info@hagueservice.net; Website: http://www.hagueservice.net. Requests for service must be transmitted in duplicate with an appropriate translation (one set will be served and the other will be returned by Process Forwarding International with a certificate of service). The full name and street address for the person or entity to be served must be included.

There will be a fee for service of process requests from foreign entities, including from countries party to the Hague Service Convention, and countries not party to any multilateral treaty on service of process. No fee will be charged at this time for requests under the Inter-American Convention on Letters Rogatory and Additional Protocol because the United States agreed to no-fee services under these instruments on accession to the Convention. The service fees for requests under the Hague Service Convention and requests from countries not party to any treaty on service of process are: verkleinde afbeelding van trb-2008-161-001.png

Payment of fees may be made by Visa, Mastercard, most international credit cards, bank transfers, international money orders and government-issued checks payable to Process Forwarding International. Personal checks are not accepted. All service requests unaccompanied by proper payment in the manner indicated will be returned without processing. The website for Process Forwarding International provides specific gui dance on methods of payment. It will also be possible to check on the status of a service request on the website.

The requests described above received by the United States after June 1, 2003, will be sent to Process Forwarding International, where they may be rejected for non-compliance with the new fee requirement.

Countries not party to the Hague Service Convention or Inter-American Convention and Additional Protocol on service of documents may continue to send requests for service through the diplomatic channel, but they must be accompanied by the fee noted above. These requests will be sent to Process Forwarding International for further handling. It should be noted, however, that use of the diplomatic channel is obligatory, and countries not party to these service Conventions may prefer to send their requests and receive their certificate of service directly from Process Forwarding International. The outsourcing of these activities formerly provided by the U.S. Department of Justice will increase efficiency. The Department of State therefore encourages all countries to avoid the use of the diplomatic channel for routine matters and take advantage directly of the new procedures.

The United States notes that there is no requirement under U.S. federal law that requests for judicial assistance be referred to the Department of State or the Department of Justice’s contractor for execution. The United States has no objection to the informal delivery of such documents by members of diplomatic or consular missions in the United States, through the mails or by privat persons if that would be effective under applicable law, provided no compulsion is used …

Zuid-Korea, 13 januari 2000

  • 1. Pursuant to Article 8, the Republic of Korea objects to service of judicial documents directly through diplomatic or consular agents upon persons in its territory, unless the document is to be served upon a national of the State in which the documents originate.

  • 2. Pursuant to Article 10, the Republic of Korea objects to the follo wing:

    • a) the freedom to send judicial documents. by postal channels, directly to persons abroad,

    • b) the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officials or other competent persons of the State of destination,

    • c) the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officials or other competent persons of the State of destination.

  • 3. Pursuant to Article 15, paragraph 2, the judge of the Republic of Korea may give judgement even if no certificate of service or delivery has been received if all the following conditions are fulfilled:

    • a) the document was transmitted by one of the methods provided for in this Convention,

    • b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document,

    • c) no certificate or any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

Zweden, 2 augustus 1969

  • c) Swedish authorities are not obliged to assist in serving documents transmitted by using any of the methods referred to in sub-paragraphs (b) and (c) of art. 10.

By virtue of the third paragraph of art. 5 of the Convention the Central Authority requires that any document to be served under the first paragraph of the same article must be written in or translated into Swedish.

Zwitserland, 2 november 1994

Re article 1

  • 1. With regard to article 1, Switzerland takes the view that the Convention applies exclusively to the Contracting States. In particular, it believes that documents which are effectively addressed to a person resident abroad cannot be served on a legal entity who is not authorised to receive them in the country in which they were drawn up without derogating from articles 1 and 15, first paragraph, of the Convention.

Re article 5, third paragraph

  • 3. Switzerland declares that in cases where the addressee does not vo luntarily accept a document, it cannot officially be served on him or her in accordance with article 5, first paragraph, unless it is in the language of the authority addressed, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the document is to be served (cf. annex).

Re articles 8 and 10

  • 5. In accordance with article 21, second paragraph (a), Switzerland declares that it is opposed to the use in its territory of the methods of transmission provided for in articles 8 and 10.

Autoriteiten

Albanië, 1 november 2006

Authorities:

  • 1. In accordance with Article 2, the Central Authority is the Department responsible for the international judicial cooperation, at the Ministry of Justice.

  • 2. In accordance with Articles 6 and 18, the competent authorities are the Courts, which have requested judicial and extrajudicial documents for the purpose of this Convention.

  • 3. In accordance with Article 9, the Competent Authority designated to receive documents transmitted by consular channels is the Department responsible for the consular issues, at the Ministry of Foreign Affairs.

Antigua en Barbuda, 1 oktober 1987

Central Authority:

  • 1. The Governor-General, Antigua and Barbuda;

  • 2. The Registrar of the High Court of Antigua and Barbuda, St. John’s, Antigua.

Argentinië, 2 februari 2001

  • 2. To Article 21, first paragraph, a):

    The Argentine Government designates the Ministry of Foreign Affairs, International Trade and Worship as the Central Authority.

Bahama’s, 17 juni 1997

In accordance with Article 2 and 18 the Commonwealth of The Bahamas designated the Honourable Attorney General as the Central Authority.

Barbados, 10 februari 1969

The Government of Barbados has designated the Registrar of the Supreme Court of Barbados as the Central Authority for the purposes of Articles 2 and 18, in accordance with the provisions of Article 21 of the Convention.

Belarus, 6 juni 1997

The Republic of Belarus has designated the Ministry of Justice of the Republic of Belarus (220084 Minsk, ul.Kollektornaya, 10; tel. 00 375 172 208 687/ 208 829; fax 209 684) as the Central Authority.

België, 19 november 1970

  • 1. In accordance with article 2, paragraph 1 of the Convention, the Mi nistry of Justice, Administration de la Législation (Legislation Department), Place Poelaert, 4, 1000 Brussels, is designated as the Central Authority;

  • 2. The Ministry of Justice is also designated as the competent authority for receiving documents forwarded through the channels provided for in article 9, paragraph 1 of the Convention.

Bosnië en Herzegovina, 16 juni 2008

Central Authority

The Ministry of Justice of Bosnia and Herzegovina

Botswana, 9 oktober 1970

Under Article 2 Central Authority will be the Minister of State for External Affairs. Under Article 18 there is no need to designate other au thorities.

Under Article 6 the Registrar of the High Court is do designated.

Under Article 9 the Minister of State is so designated.

Botswana, 5 maart 1974

  • 1. Pursuant to the first paragraph of Article 2 of the Convention the Minister of State in the Office of the President of the Republic of Bots wana has been designated the Central Authority to receive requests for service from other contracting states.

  • 2. The Registrar of the High Court of Botswana is designated as the authority competent to complete the certificate in the form of the Model annexed to the Convention pursuant to the first paragraph of Article 6.

  • 3. In accordance with the provisions of Article 9 of the Convention the Minister of State in the office of the President is designated as the receiver of process sent through Consular channels.

Bulgarije, 23 november 1999

Declaration on articles 2 and 18:

The Republic of Bulgaria designates the Ministry of Justice and European Legal Integration as Central Authority. The same authority is competent to receive the documents forwarded under article 9, paragraph 1.

Declaration on article 6, paragraphs 1 and 2:

The Republic of Bulgaria designates the district courts as authorities which are competent to complete the certificate.

Canada, 26 september 1988

A. Transmission and execution of requests for service

  • 1. Central Authority (Article 2 and Article 18, paragraph 3)

    Comment: To save time, requests should be forwarded directly to the Central Authority of the province or territory concerned. They may, however, also be forwarded to the Federal Central Authority which will transmit them to the relevant Central Authority.

    Alberta

    Attorney-General for Alberta

    Att: Executive Director - Court Services

    9833-109th Street

    Edmonton, Alberta

    Canada TSK 2E8

    telephone (403) 427-4992

    British Columbia

    Ministry of the Attorney-General for British Columbia

    Office of the Deputy Minister

    Fifth Floor, 910 Government Street

    Victoria, British Columbia

    Canada VSV IX4

    telephone (604) 387-5211

    Manitoba

    Attorney-General for Manitoba

    c/o Director - Civil Legal Services

    Woodsworth Building, 6th Floor

    405 Broadway

    Winnipeg, Manitoba

    Canada, R3C 0V8

    telephone (204) 945-2847

    New Brunswick

    Attorney-General for New Brunswick

    P.O.Box 6000

    Fredericton, New Brunswick

    Canada, E3B 5H1

    telephone (506) 453-2208

    Newfoundland

    Department of Justice

    Confederation Building

    St. John’s, Newfoundland

    Canada AIC ST7

    telephone (709) 576-2869

    Nova Scotia

    Attorney-General of Nova Scotia

    Legal Services Division

    P.O.Box 7

    Halifax, Nova Scotia

    B3J 2L6

    telephone (902) 424-4024

    Ontario

    Ministry of the Attorney General for Ontario

    Reciprocity office: Civil Law Division

    18 King Street East

    Toronto, Ontario

    Canada- MSC 1C5

    telephone (416) 965-2570

    Prince Edward Island

    Attorney General of Prince Edward Island

    Office of the Deputy Minister

    P.O.Box 2000

    Charlottetown, Prince Edward Island

    Canada ClA 7N8

    telephone (902) 368-4570

    Québec

    Ministre de la Justice du Quebec

    a/s Le service juridique

    1200 route de l’Eglise, 5ème étage

    Ste-Foy, Québec

    Canada GIV 4M1

    telephone (418) 643-1436

    Saskatchewan

    Minister of Justice for Saskatchewan

    Att. of Director of Sheriff Services

    1874 Scarth St., 10th Floor

    Regina, Saskatchewan

    Canada S4P 3V7

    telephone (306) 787-5488

    Yukon

    Director of Court Services

    Department of Justice,

    Box 2703

    Whitehorse, Yukon Y1A 2C6

    telephone (403) 667-5942

    Northwest Territories

    Deputy Minister of Justice

    Government of the Northwest Territories

    Box 1320

    Yellowknife, Northwest Territories

    Canada X1A 2L9

    telephone (613) 995-0119

    Canada

    Director, Legal Advisory Division

    Department of External Affairs

    125 Sussex Drive

    Ottawa, Ontario

    Canada K1A OG2

    telephone (613) 995-0119

Payment of Service Costs.

The payment of Service costs should be made to:

Alberta: Provincial Treasurer of Alberta

British Columbia: Minister of Finance of British Columbia

Prince Edward Island: Minister of Finance of Prince Edward Island

Manitoba: Minister of Finance of Manitoba

New Brunswick: Minister of Finance of New Brunswick

Nova Scotia: Minister of Finance of Nova Scotia

Ontario: Treasurer of Ontario

Québec: “Ministre des Finances du Québec”

Saskatchewan: Department of Justice of Saskatchewan – Sheriff Ser vices

Newfoundland: Newfoundland Exchequer Account

Yukon: Territorial Treasurer of the Government of Yukon

Northwest Territories: Government of the Northwest Territories

  • 3. Authority competent to complete the certificate of service (Article 6)

    In addition to the Central Authorities, the sheriffs, deputy-sheriffs, sub-sheriffs, clerk of the court or his/her deputy for the judicial district (except in Manitoba where there are no judicial districts) in which the person is to be served or the huissiers (only in Quebec) are competent to complete the certificate of service.

B. Forwarding of requests for service to the Central Authority of another Contracting State

Forwarding Authorities (Article 3)

Requests for service to Central Authorities of other States may be transmitted by:

  • The Attorney General for Canada.

  • The Attorneys General or the Ministry of Attorney General or Mi nister of Justice of a province or a territory - as the case may be.

  • Clerks of the courts and their deputies for a judicial or a court district.

  • The members of the law societies of all provinces and territories.

  • The members of the Board of Notaries of the Province of Québec (for non-litigious matters only).

  • Local registrars.

  • The huissiers and sheriffs.

  • The prothonotaries and deputy prothonotaries.

  • The “Percepteur des pensions alimentaires” in Québec.

Receiving authority (Article 9, paragraph 1)

The Central Authorities in Canada designated in accordance with Articles 2 and 18 of the Convention are competent to receive requests for service transmitted by a foreign consul within Canada.

China, 6 mei 1991

  • 1. to designate according to Article 2 and Article 9 of the Convention the Ministry of Justice of the People’s Republic of China as the Central Authority and the authority competent to receive documents transmitted by foreign states through consular channels.

    Bureau of International Judicial Assistance,

    Ministry of Justice of the People’s Republic of China

    No. 11, Xiaguangli

    Niuwangmiao, Chaoyang district,

    Beijing, 100016

    The People’s Republic of China

China, 13 maart 1997

Central Authority (modification)

Bureau of International Judicial Assistance,

Ministry of Justice

10, Chaoyangmen Nandjie, Chaoyang District, Beijing

P.C.100020

People’s Republic of China

China, 16 juni 1997

Hong Kong

  • 2. In accordance with Article 18 of the Convention, it designates the Administrative Secretary of the Government of the Hong Kong Special Administrative Region as the Other Authority in the Hong Kong Special Administrative Region.

  • 3. It designates the Registrar of the High Court of the Hong Kong Special Administrative Region as the authority for the purpose of Article 6 and 9 of the Convention.

China, 10 december 1999

Macao

  • 1. In accordance with Article 6 and 9 of the Convention, it designates the Procurate, the Primary Courts, the Intermediate Courts and the Court of Final Appeal of the Macau Special Administrative Region as the Central Authorities in the Macau Special Administrative Region.

China, 1 november 2000

Macao (addition)

In accordance with Article 18 of the Convention, it designates the Procuratorate of the Macao Special Administrative Region as the Other Authority in the Macao Special Administrative Region, which will undertake to receive and transmit Requests for Services coming from other Contracting States.

In accordance with Article 6 of the Convention, it designates the Court Clerks and Assistant Court Clerks from the Court of Final Appeal of the Macao Special Administrative Region as the authority competent to complete a certificate referred to in this Article.

In accordance with Article 9 of the Convention, it designates the Court Clerks and Assistant Court Clerks from the Court of Final Appeal of the Macao Special Administrative Region as the authority competent to receive Requests for Service forwarded by other Contracting States through consular channels.

The address of the Procuratorate of the Macao Special Administrative Region is:

Alameda Dr. Carlos d’Assumpcao

Macao SAR of the People’s Republic of China

Chief Executive Administrative Building

NAPE

Macao.

Cyprus, 23 januari 1984

  • a) Article 2:

    Designation of Central Authority which will undertake to receive requests for service: Ministry of Justice.

  • b) Article 6:

    Designation of the authority competent to complete the certificate of Service: Ministry of Justice.

  • c) Article 9:

    Designation of the authority competent to receive documents transmitted by Consular Channels: Ministry of Justice.

  • g) Article 18:

    Designation of other authorities in addition to the Central Authorities.

The Courts of the Republic. Competence: Service of documents through their Registries.

Cyprus, 7 augustus 1997

… that the new title of the Ministry of Justice of the Republic of Cyprus, which has been designated as the National Organ of the Republic is as follows:

Permanent Secretary

Ministry of Justice and Public Order

CY - 1461 Nicosia

CYPRUS

Fax: (+357 2) 476383

Tel.: (+357 2) 303558.

Denemarken, 2 augustus 1969

re Articles 2 and 18

The Ministry of Justice is designated as the Central Authority.

re Article 6

The Danish court which has requested service is designated competent to complete the certificate in accordance with article 6.

re Article 9

The local court of first instance – but in the case of the court of first instance in Copenhagen and in the city and canton of Arhus, the presiding judge – is designated as competent to receive documents forwarded through consular channels in accordance with article 9.

Duitsland, 27 april 1979

  • 1. Requests for service shall be addressed to the Central Authority of the Land where the request is to be complied with. The Central Authority pursuant to Article 2 and paragraph 3 of Article 18 of the Convention shall be for:

    Baden Württemberg

    das Justizministerium Baden-Württemberg

    D 7000 Stuttgart

    Bavaria

    das Bayrische Staatsministerium der Justiz

    D 8000 München

    Berlin

    der Senator für Justiz

    D 1000 Berlin

    Bremen

    der Präsident des Landgerichts Bremen

    D 2800 Bremen

    Hamburg

    der Präsident des Amtgerichts Hamburg

    D 2000 Hamburg

    Hessen

    der Hessische Minister der Justiz

    D 6200 Wiesbaden

    Lower Saxony

    der Niedersächsische Minister der Justiz

    D 3000 Hannover

    North Rhine-Westphalia

    der Justizminister des Landes Nordrhein-Westfalen

    D 4000 Düsseldorf

    Rhineland-Palatinate

    das Ministerium der Justiz

    D 6500 Mainz

    Saarland

    der Minister für Rechtspflege

    D 6600 Saarbrücken

    Schleswig-Holstein

    der Justizminister des Landes Schleswig-Holstein

    D 2300 Kiel

  • 2. The Central Authority shall complete the certificate (paragraphs 1 and 2 of Article 6 of the Convention) if it has itself arranged for the request for service to be complied with directly by postal channels; in all other cases this shall be done by the registry of the local court.

  • 3. The Central Authority of the Land where the documents are to be served and the authorities competent under Section 1 of the Act of 18th December 1958 implementing the Convention on Civil Procedure, signed at The Hague on lst March 1954, to receive requests from consuls of foreign States, shall be competent to receive requests for service transmitted by a foreign consul within the Federal Republic of Germany (paragraph 1 of Article 9 of the Convention).

Under that Act the president of the regional court (Landgericht) in whose district the documents are to be served shall be competent; in his place the president of the local court shall be competent if the request for ser vice is to be complied with in the district of the local court which is subject to his administrative supervision.

Duitsland, 22 februari 1991

… that with effect from 1 April 1991 the designated authority for the Land Northrhine-Westphalia will no longer be “der Justizminister des Landes Nordrhein-Westfalen” but “der Präsident des Oberlandesgerichts Düsseldorf”.

Duitsland, 30 september 1992

Designation of the following central authorities for the new “Bundesländer” pursuant to Articles 2 and 18:

Brandenburg

das Ministerium der Justiz des Landes Brandenburg

D – O – 1561 Potsdam

Mecklenburg-Western Pomerania

der Minister für Justiz

Bundes- und Europaangelegenheiten

D – O – 2754 Schwerin

Saxony

Das Sächsische Staatsministerium der Justiz

D – O – 8060 Dresden

Saxony-Anhalt

das Ministerium der Justiz des Landes Sachsen-Anhalt

D – O – 3037 Magdeburg

Thuringia

das Justizministerium Thüringen

D – O – 5082 Erfurt

Duitsland, 11 november 1994

Revised list of Central Authorities:(last update: 03-08-2001)

Baden-Württemberg

Postal Address:

Präsident des Amtgerichts Freiburg

D-79095 Freiburg

Visitors Address:

Präsident des Amtsgerichts Freiburg

Holzmarkt 2

D-79098 Freiburg

tel.: +49/761/205-0

fax: +49/761/205-1800

Bavaria

Präsident des Oberlandesgerichts München

Prielmayerstraße 5

80097 Munich

tel.: +49 (89) 5597-02

fax: +49 (89) 5597-3575

Berlin

Senatsverwaltung für Justiz von Berlin

Salzburger Straße 21-25

10825 Berlin

tel.: +49 (30) 9013-0

fax: +49 (30) 9013-2000

Brandenburg

Ministerium der Justiz und für Europaangelegenheiten des Landes Brandenburg

Heinrich-Mann-Allee 107

14460 Potsdam

tel.: +49 (331) 866-0

fax: +49 (331) 866-3080 / 3081

Bremen

Der Präsident des Landsgerichts

Domsheide 16

28195 Bremen

tel.: +49 (421) 361-4204

fax: +49 (421) 361-6713

Hamburg

Präsident des Amtsgerichts Hamburg

Sievekingplatz 1

20355 Hamburg

tel.: +49 (40) 42843-0

fax: +49 (40) 42843-4318 / 4319

Hessen

Hessisches Ministerium der Justiz und für Europaangelegenheiten

Luisenstraße 13

65185 Wiesbaden

tel.: +49 (611) 32-0

fax: +49 (611) 32-2763

Lower-Saxony

Niedersächsisches Justiz-ministerium

Am Waterlooplatz 1

30169 Hannover

tel.: +49 (511) 120-0

fax: +49 (511) 120-5170 / 5181

Mecklenburg-Western Pomerania

Justizministerium des Landes Mecklenburg-Vorpommern

Demmlerplatz 14

19053 Schwering

tel.: +49 (385)) 588-0

fax: +49 (385) 588-3453

North Rhine-Westphalia

Präsident des Oberlandesgerichts Düsseldorf

Cecilienallee 3

40474 Düsseldorf

tel.: +49 (211) 4971-0

fax: +49 (211) 4971-548

Rhineland-Palatinate

Ministerium der Justiz des Landes Rheinland-Pfalz

Ernst-Ludwig-Straße 3

55116 Mainz

tel.: +49 (6131) 16-0

fax: +49 (6131) 16-4887

Saarland

Ministerium der Justizdes Saarlandes

Zähringerstraße 12

66119 Saarbrücken

tel.: +49 (681) 501-00

fax +49 (681) 501-5855

Saxony

Präsident des Oberlandesgerichts Dresden

Schlossplatz 1

01067 Dresden

tel.: +49 (351) 446-0

fax: +49 (351) 446-1529

Saxony-Anhalt

Ministerium der Justiz des Landes Sachsen-Anhalt

Hegelstraße 40-42

39104 Magdeburg

tel.: +49 (391) 567-01

fax: +49 (391) 567-4226

Schleswig-Holstein

Ministerium für Justiz, Frauen, Jugend und Familie des Landes Schleswig-Holstein

Lorentzdamm 35

24103 Kiel

tel.: +49 (431) 988-0

fax: +49 (431) 988-3870

Thuringia

Thüringer Justizministerium

Werner-Seelenbinder-Straße 5

99096 Erfurt

tel.: +49 (361) 3795000

fax: +49 (361) 3795888

Duitsland, 3 juni 2005

The Central Authority under article 2, paragraph 1, of the Convention for the Land of Hessen has changed and is now:

Oberlandesgericht Frankfurt am Main

Zeil 42

Postfach 10 01 01

60313 Frankfurt am Main

tel.: +49 69 1367 01

fax: +49 69 1367 2976

It replaces the former Central Authority: Hessisches Ministerium der Justiz, Luisenstrasse 13, 65185 Wiesbaden.

Duitsland, 6 juli 2007

The address of the Central Authority pursuant to Article 2 and paragraph 3 of Article 18 of the Convention for the Land of Mecklenburg-Western Pomerania has changed and is now:

Justizministerium Mecklenburg-Vorpommern

Puschkinstrasse 19 - 21

19055 Schwerin

Postal address:

Justizministerium Mecklenburg-Vorpommern

19048 Schwerin

Egypte, 21 november 1969

In conformity with Article 21 of the Convention the Government of the United Arab Republic has designated the Ministry of Justice as the Central authority as provided for in the articles 2 and 18.

Estland, 2 februari 1996

In accordance with Article 2 the Republic of Estonia has designated as Central Authority:

“Estonian Ministry of Justice”.

Finland, 11 november 1969

  • 1. The Ministry of Foreign Affairs has been designated Central Autho rity, pursuant to the first paragraph of Article 2 of the Convention.

  • 2. The Central Authority (The Ministry of Foreign Affairs) is acting as the authority presupposed in art. 9 of the Convention.

Finland, 31 maart 1982

Central Authority (modification):

As of 01-06-1982 the Central Authority will be the Ministry of Justice.

Frankrijk, 3 juli 1972

  • 1. In accordance with the provisions of articles 2 and 18 of the Convention, the Ministry of Justice, Service Civil de l’Entraide Judiciaire Internationale, (Civil International Legal Cooperation Department), 13 Place Vendôme, Paris 1, is designated as the sole Central Authority.

  • 2. The authority competent to complete the certificate referred to in article 6 is the Procureur de la République (Public Prosecutor of the Republic) in whose jurisdiction the person on whom service is being effected resides.

  • 3. The Public Prosecutor of the Republic is also authorised to receive documents forwarded through consular channels in accordance with article 9.

Griekenland, 20 juli 1983

The Greek Government has designated the Department of Administrative and Judicial Affairs of the Ministry of Foreign Affairs of the Hellenic Republic as the Central Authority pursuant to Article 2 of the Convention.

Griekenland, 28 december 2006

Central Authority pursuant to article 2:

Ministry of Justice

Directorate of Conferment of Pardon

and International Judicial Cooperation

Department of International

Judicial Cooperation in Civil Matters.

Address: 96 Messogion Street, Athens 11527, Greece

Tel: 00-30-210-7767322

Fax: 00-30-210-7767499

Hongarije, 13 juli 2004

To Article 2

In the Republic of Hungary the Ministry of Justice is designated as the Central Authority in accordance with Article 2 of the Convention.

To Article 6

The certificate of service prescribed in Article 6 of the Convention is completed in the Republic of Hungary by the court that has performed such service.

To Article 9

In accordance with Article 9 of the Convention in the Republic of Hungary the Ministry of Justice receives the documents to be served sent through consular channels.

Ierland, 5 april 1994

Article 3

The authority or judicial officer competent under the laws of Ireland for the purpose of Article 3 of the Convention are the Central Authority, a practising Solicitor, a County Registrar or a District Court Clerk.

Ierland, 2 mei 2002

The Master of the High Court, the Four Courts, Inns Quay, Dublin 7, is designated as the Central Authority for Ireland in accordance with Article 2 and shall be the appropriate authority for completion of certificates in the form of the model annexed to the Convention.

Ierland, 6 april 2006

… that the Master of the High Court (including any Deputy Master for the time being appointed) is hereby designated as the Central Authority for Ireland in accordance with Article 2 and shall be the appropriate authority for completion of certificates in the form of the model annexed to the Convention.

India, 23 november 2006

… that the Ministry of Law and Justice, New Delhi will be the Central Authority under Article 2 and 6 of the Convention.

Israël, 14 augustus 1972

  • a) The Central Authority in Israel within the meaning of Articles 2, 6 and 18 of the Convention is: The Director of Courts, Directorate of Courts, Russian Compound, Jerusalem;

Italië, 25 november 1981

  • a) Under the provisions of articles 2 and 18, “l’Ufficio unico degli ufficiali giudiziari presso la corte d’appello di Roma” (the registry at Rome Court of Appeal) is designated as the Central Authority for the purposes of article 5;

  • b) “gli uffici unici degli ufficiali giudiziari constituiti presso le corti di appello e i tribunali e gli ufficiali giudiziari addetti alle preture” (the registries at the courts of appeal and the courts of first instance as well as the court officers at the courts of first instance) are authorised to issue the certificate referred to in article 6;

  • c) “gli uffici unici degli ufficiali giudiziari presso le corti di appello e i tribuni e gli ufficiali giudiziari addetti alle preture” (the registries at the courts of appeal and the courts of first instance as well as the court officers at the courts of first instance) are authorised to receive documents which, for the purposes of service, are forwarded through consular or diplomatic channels as set out in article 9;

Japan, 28 mei 1970

  • 1. The Minister for Foreign Affairs is designated as the Central Autho rity which receives requests for service from other contracting States, pursuant to the first paragraph of Article 2.

  • 2. The District Court which has rendered judicial aid with respect to the service is designated as the authority competent to complete the certificate in the form of the model annexed to the Convention, pursuant to the first paragraph of Article 6.

  • 3. The Minister for Foreign Affairs is designated as the authority competent to receive documents transmitted through consular channels, pursuant to the first paragraph of Article 9.

Koeweit, 6 augustus 2002

Central Authority:

the Department of International Relations at the Ministry of Justice of the State of Kuwait

Koeweit, 29 juni 2005

  • 1. The Central Authority, which shall receive requests for service of documents, sent by the other contracting state, pursuant to Article 2 of the Convention, is the Ministry of Justice (International Relations Department). The State has the right to designate many central authorities, pursuant to Article 18 of the Convention.

  • 2. The Ministry of Justice is the competent authority to complete a certificate, mentioned in Article 6 of the Convention.

  • 3. The competent authority to receive documents mentioned in Article 9 of the Convention is the Ministry of Justice (International Relations Department).

Kroatië, 28 februari 2006

Declaration in accordance with Article 2 of the Convention:

The Republic of Croatia declares that the Ministry of Justice of the Republic of Croatia is the Central Authority for receiving requests for the service of judicial documents coming from other Contracting States.

Declaration in accordance with Article 6 of the Convention:

The Republic of Croatia declares that municipal courts according to residence, abode, and headquarters of the addressee of documents are competent for the completion of the certificate of reception of documents.

Declaration in accordance with Article 9 of the Convention:

The Republic of Croatia declares that the documents served in accor dance with Article 9 of the Convention are forwarded to the Ministry of Justice of the Republic of Croatia for the purpose of service to parties.

Letland, 15 mei 2002

Central Authority:

Ministry of Justice

Brivibas blvd. 36,

Riga, LV-1536

Latvia

Phone: +371 7036801, +371 7036716

Fax: +371 7210823, +371 7285575

E-mail: tm.kanceleja@tm.gov.lv.

Letland, 13 februari 2008

Central Authority (modification):

Ministry of Justice

Brivibas Blvd. 36

Riga, LV-1536, Latvia

Tel.: +371 67036801

Fax: +371 67285575

Litouwen, 2 augustus 2000

And whereas it is provided in Article 2 of the said Convention, the Republic of Lithuania designates the Ministry of Justice of the Republic of Lithuania as a Central Authority to receive requests for service coming from other Contracting States;

Luxemburg, 9 juli 1975

  • 1. Le Parquet Général près la Cour Supérieure de Justice (the Office of the Public Prosecutor at the Supreme Court of Justice) is designated as the Central Authority within the meaning of article 2 of the Convention. It is also competent to receive documents forwarded through the channels provided for in article 9, paragraph 1 of the Convention.

Malawi, 24 april 1972

In conformity with Article 21 of the Convention the Government of Malawi has designated the Registrar of the High Court of Malawi (P.O.Box 30244, Chichiri, Blantyre 3, Malawi) as the central authority as provided for in the Articles 2 and 18.

Mexico, 2 november 1999

  • 1. In relation to Article 2, the Government of Mexico designates the General Direction of Legal Affairs of the Ministry of Foreign Affairs (la Dirección General de Asuntos Jurídicos de la Secretería de Relaciones Exteriores) as the Central Authority to receive requests for service of judicial and extrajudicial documents coming from other contracting States and which will in turn forward them to the competent Judicial Authority for its compliance.

  • 3. In relation to Article 6, the Judicial Authority responsible of the matter will also be responsible for issuing the certificate concerning the service of the document, according to the model. The Central Authority will only validate the certificate.

Mexico, 24 januari 2002

The General Direction of Legal Affairs of the Mexican Ministry of Foreign Affairs has been designated as Central Authority.

Mexico, 29 augustus 2006

Central Authority pursuant to Article 21 (modification):

Dirección General de Asuntos Jurídicos,

Secretaría de Relaciones Exteriores,

Plaza Juárez No. 20, Piso 5,

Colonia Centro, Delegación Cuauhtémoc

C.P. 06010, México, D.F.

México

Monaco, 1 maart 2007

… in accordance with article 21 of the Convention, the Principality of Monaco has designated:

la Direction des Services judiciaires,

Palais de Justice,

5, rue Colonel Bellando de Castro

MC - 98000 MONACO

Tel: 00 377 98 98 88 11

Fax: 00 377 98 98 85 89

as:

  • the Central Authority referred to in article 2;

  • the competent authority for the purposes of article 6;

  • the competent authority for the purposes of article 9.

Nederlanden, het Koninkrijk der, 3 november 1975

  • 1. The public prosecutor at The Hague district court is designated as the Central Authority, within the meaning of article 2 of the Convention, for the Netherlands. The public prosecutor’s office is at Juliana van Stolberg laan 2-4, The Hague.

  • 2. In accordance with article 18, paragraph 1 of the Convention, the public prosecutor at a district court other than The Hague district court is also authorised to receive and grant applications for service in its jurisdiction under articles 3 to 6 of the Convention.

  • 3. The public prosecutor at the district court in whose jurisdiction ser vice has been requested is authorised to complete the certificate referred to in article 6 of the Convention.

  • 4. The public prosecutor at the district court in whose jurisdiction ser vice has been requested is designated for the Netherlands as the autho rity within the meaning of article 9, paragraph 1 of the Convention competent to receive documents forwarded through consular channels for the purpose of service.

Nederlanden, het Koninkrijk der, 1 november 2000

Central Authority for Aruba:

Procurator General

L.G. Smith Boulevard nr. 42-44

Oranjestad, Aruba

Telephone : (297) 834387 / 829132

Fax: (297) 838891.

Nederlanden, het Koninkrijk der, 16 augustus 2006

Central Authority for Aruba (modification):

Procurator-General

Havenstraat 2,

Oranjestad, Aruba

Tel: (297) 582-1415

Fax: (297) 583-8891

E-mail: om.aruba@setarnet.aw

Nederlanden, het Koninkrijk der, 14 maart 2008

Central Authority for Aruba (modification):

Procurator-General

Havenstraat 2,

Oranjestad, Aruba

Tel: (297) 512-4100

Fax: (297) 521-4190

E-mail: om.aruba@setarnet.aw

Noorwegen, 2 augustus 1969

  • 1. In accordance with Article 2, the Ministry of Justice, Oslo/Dep, is designated as the Central Authority.

  • 2. In accordance with Article 6, the County or Town Court in whose district the document has been served is designated for the purpose of completing the certificate in the form annexed to the Convention.

  • 3. In accordance with Article 9, first paragraph, the County or Town Court in whose district the person to be served is a resident or is staying, is designated as receiver of documents forwarded through consular channels.

Oekraïne, 1 februari 2001

  • 1. on Article 2 of the Convention:

    the Ministry of Justice of Ukraine is the Central Authority of Ukraine;

  • 2. on Article 6 of the Convention:

    the Ministry of Justice of Ukraine and its territorial departments of Justice are competent to complete the certificate of service;

  • 4. on Article 9 of the Convention:

    the Ministry of Justice of Ukraine is the authority competent to receive documents transmitted by consular channels or, if exceptional circumstances so require, by diplomatic channels;

Pakistan, 1 februari 1990

Central authority for receiving requests for service coming from other Contracting States: the Solicitor, Ministry of Law and Justice to the Government of Pakistan in Islamabad; other authorities: Registrars of Lahore High Court Lahore, Peshawar High Court Peshawar, Baluchistan High Court Quetta, and the High Court of Sind, Karachi, within their respective territorial jurisdictions.

The certificate prescribed by Article 6 of the Convention if not completed by a judicial authority shall be completed or countersigned by the Registrars of the High Courts.

Polen, 13 februari 1996

In compliance with Article 21, the following actions are undertaken:

Article 2, Paragraph 1 – the Central Authority designated to receive requests for service coming from another contracting State shall be the Ministry of Justice.

Article 18 – other authorities (in addition to the Central Authority) designated to receive requests for service are Presidents of the voivodship courts.

Article 6 – the authority designated to complete a certificate of service in the Republic of Poland shall be the court that has performed such service.

Article 9, Paragraph 1 – the authorities designated for that purpose shall be the voivodship courts.

Portugal, 31 oktober 1974

The Legal Affairs Department of the Ministry of Justice has been designated as Central Authority, in accordance with Article 2, paragraph 1, of the 1965 Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters.

The Justice Department officials: court clerks (escrivaes) and proces-servers (officiais de diligências) have been designated as the persons competent to prepare the certificate referred to in Article 6 of the Convention.

Portugal, 11 september 1999

  • 1. In accordance with article 18 of the Convention, the Ministério Público de Macau is designated as the competent authority in Macau to receive requests for service coming from other contracting States and to proceed in conformity with the provisions of articles 3 to 6.

    The address of the Ministério Público is as follows:

    Ministério Público de Macau

    Praceta 25 de Abril

    Macau

    Phone: 326736

    Fax:326747

  • 2. Court clerks (escrivães de direito) and deputy court clerks (escrivães adjuntos) from the Supreme Court of Justice (Tribunal Superior de Justiça) of Macau are entitled to complete in Macau the certificate provided for [in] articles 6 and 9 of the Convention.

  • 4. The Ministério Público de Macau is also designated as the competent authority in Macau to receive documents forwarded through consular channels, in accordance with article 9 of the Convention.

Roemenië, 21 augustus 2003

  • 1. In accordance with Article 2 of the Convention, the Ministry of Justice is the Central Authority in Romania designated to receive and to transmit the requests for service abroad of the judicial or extrajudicial documents in civil or commercial matters.

  • 2. In accordance with Article 6, paragraph 1 of the Convention, the law court is the competent Authority designated to complete the certificate in the form of the model annexed to the Convention.

Russische Federatie, 5 november 2004

Central Authority:

  • 1. The Ministry of Justice of the Russian Federation is designated as the Central Authority for the purposes to Article 2 of the Convention, as well as the authority competent to receive documents transmitted by consular channels, pursuant Article 9 of the Convention.

    Address:

    The Ministry of Justice of the Russian Federation

    ul.Vorontsovo Pole, 4a

    Moscow

    109830, GSP, Gh-28

    Russian Federation

    Telephone:

    (7095) 200-15-79

    (7095) 209-61-79

  • 2. The following authorities are competent to forward requests in accordance with Article 3 of the Convention:

    • Federal courts (the Constitution Court of the Russian Federation; the Supreme Court of the Russian Federation; the supreme courts of Republics, the courts of Krai (Territory) and Oblast (Region), the courts of cities of federal importance (Moscow and St.Petersburg), the courts of Autonomous Oblast and Autonomous Okrug, regional courts, military and specialized courts, which form the system of federal courts of common jurisdiction; The Higher Arbitration Court of the Russian Federation, federal arbitration courts of Okrug (arbitration cassation courts), arbitration appellate courts, arbitration courts of the subjects of the Russian Federation, which form the system of federal arbitration courts), constitutional (charter) courts and Justices of the Peace of the subjects of the Russian Federation;

    • Federal bodies of executive power and bodies of executive power of the subjects of the Russian Federation;

    • The Procurator’s Office of the Russian Federation;

    • Civilian registry offices;

    • Notaries and other officials authorised to perform notary functions;

    • Guardianship and trusteeship bodies;

    • Members of advocacy.

  • 4. It is highly desirable that documents intended for service upon the Russian Federation, the President of the Russian Federation, the Go vernment of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation are transmitted through diplomatic channels, i.e. by Notes Verbales of diplomatic missions of foreign States accredited in the Russian Federation.

  • 7. Certificates of service provided for by the Article 6 of the Convention are completed and countersigned by the courts of the Russian Federation which directly execute requests for service of documents.

Russische Federatie, 3 oktober 2006

Ministry of Justice of the Russian Federation

ul.Zhitnaya, 14

Moscow, 117970

Russian Federation

Telephone:

+7 (495) 200-15-79,

+7 (495) 209-61-38,

+7 (495) 209-74-75,

+7 (495) 955-59-99,

Fax: +7 (495) 209-61-79.

San Marino, 15 april 2002

  • 1. In conformity with Article 21, first paragraph, letter a), the Republic of San Marino designates the Secretariat of State for Foreign Affairs (Palazzo Begni – Contrada Omerelli, 31 – 47890 San Marino – Repubblica di San Marino) as the competent Central Authority pursuant to Articles 2 and 18, without prejudice to the provisions contained in bila teral agreements authorising direct relations with the San Marino judicial authority.

  • 2. In conformity with Article 21, first paragraph, letter b), the Republic of San Marino designates the Civil and Criminal Court as the competent authority pursuant to Article 6.

  • 3. In conformity with Article 21, first paragraph, letter c), the Republic of San Marino designates the Secretariat of State for Foreign Affairs as the competent authority pursuant to Article 9.

Seychellen, de, 14 juli 1981

  • 1. Article 2

The Central Authority designated is:

The Registrar, Supreme Court, Victoria, Mahé.

Republic of Seychelles.

Sint Vincent en de Grenadines, 6 januari 2005

The Government of Saint Vincent and the Grenadines has designated the Registrar, High Court in Kingstown as the Central Authority for the purposes of Articles 2 and 18, in accordance with the provisions of Article 21 of the Convention.

Sint Vincent en de Grenadines, 6 februari 2008

  • a) In accordance with article 18 of the Convention the Registrar of the High Court of Justice in Kingstown (hereinafter called the designated authority) is designated as the authority competent to receive requests for service in accordance with article 2 of the Convention.

  • b) The authority competent under article 6 of the Convention to complete the Certificate of Service is the designated authority.

  • c) In accordance with the provisions of article 9 of the Convention the designated authority shall receive process sent through consular channels.

Slovenië, 5 februari 2002

Central Authority:

Ministry of Justice of the Republic of Slovenia

Zupanciceva 3

SI-1000 Ljubljana

Slovenia

tel. +386 1 478 5244

fax. +386 1 426 1050.

Slowakije, 21 maart 1996

Central Authority:

Ministry of Justice of the Slovakian Republic

Zupné námestie 13,

813 11 Bratislava

Slovak Republic

fax: (00427) 5316035

Spanje, 4 juni 1987

  • 3. The Spanish State designates as the Central Authority to issue the certificates in the form of the model annexed to the Convention:

    Secretaría General Técnica,

    Subdirección de Cooperación Jurídica Internacional,

    Ministerio de Justicia.

    San Bernardo, 45.

    28015 Madrid

Spanje, 8 maart 1999

Central Authority (modified)

Secretaría General Técnica del Ministerio de Justicia

Calle San Bernardo No 62.

28071 Madrid

Sri Lanka, 31 augustus 2000

  • a) In terms of Article 2, the Secretary/Ministry of Justice and Constitutional Affairs is designated the Central Authority.

  • b) The authority competent to act upon a Letter of Request pursuant to Article 6 would be the Secretary, Ministry of Justice and Constitutional Affairs/Registrar of the Court of Appeal.

  • e) Secretary/Ministry of Foreign Affairs would be the competent autho rity to receive documents transmitted by consular channels, pursuant to Article 9.

Tsjechië, 28 januari 1993

Central Authority:

Ministry of Justice of the Czech Republic

128 10 Praha 2,

Vysehradská 16

Tsjechoslowakije (<01-01-1993), 23 september 1981

Upon the deposit of the instrument of accession the Czechoslovak Go vernment has designated the following authorities as the authorities referred to in Article 2, 6 and 9 of the Convention:

  • competent for the Czech Socialist Republic:

    Ministerstvo spravedlnosti Ceské socialistické republiky/

    Ministry of Justice of the Czech Socialist Republic

    128 10 Praha 2, Vysehradská 16.

  • competent for the Slowakian Socialist Republic:

    Ministerstvo spravodlivosti Slovenskej socialistickej republiky/

    Ministry of Justice of the Slowakian Socialist Republic

    883 11 Bratislava,

    Suvorovova 12

Turkije, 28 februari 1972

  • 1. In accordance with article 2, paragraph 1 of the Convention, the Adalet Bakanligi Hukuk Isleri Genel Müdürlügü, Ankara (General Directorate of Civil Affairs at the Ministry of Justice in Ankara) is designated as the Central Authority.

  • 2. The General Directorate of Civil Affairs at the Ministry of Justice is also competent to complete the certificate referred to in article 6 of the Convention.

  • 3. The General Directorate of Civil Affairs is also designated as the authority competent to receive documents forwarded through the channels provided for in article 9, paragraph 1 of the Convention.

Venezuela, 16 mei 1995

In accordance with Article 2 Venezuela designated “The Ministry of Foreign Affairs” as the Central Authority.

Verenigd Koninkrijk, het, 17 november 1967

  • a) In accordance with the provisions of Articles 2 and 18 of the Convention, Her Majesty’s Principal Secretary of State for Foreign Affairs is designated as the Central Authority; and the Senior Master of the Supreme Court, Royal Courts of Justice, Strand, London W.C.2, the Crown Agent for Scotland, Lord Advocate’s Department, Crown Office, 9 Parliament Square, Edinburgh 1, and the Registrar of the Supreme Court, Royal Courts of Justice, Belfast 1, are designated as additional authorities for England and Wales, Scotland and Northern Ireland respectively.

  • b) The authorities competent under Article 6 of the Convention to complete the Certificate of Service are the authorities designated under Articles 2 and 18.

  • c) In accordance with the provisions of Article 9 of the Convention, the United Kingdom designates as receivers of process through consular channels the same authorities as those designated under Articles 2 and 18.

Verenigd Koninkrijk, het, 20 mei 1970

  • a) In accordance with Article 18 of the Convention the authority shown against the name of each territory in the Annex (hereinafter severally called “the designated authority”) is designated as the authority in that territory competent to receive requests for service in accordance with Article 2 of the Convention.

  • b) The authority in each territory competent under Article 6 of the Convention to complete the Certificate of Service is the designated autho rity.

  • c) In accordance with the provisions of Article 9 of the Convention, the designated Authority shall receive process sent through consular channels.

ANNEX

Antigua: The Registrar, High Court of Justice, West Indies Associated States Supreme Court, St. John’s, Antigua.

Bermuda: The Registrar of the Supreme Court, Bermuda

British Honduras: The Supreme Court Registry, British Honduras

British Solomon Islands: The Registrar of the High Court, Honiara, Bri tish Solomon Islands Protectorate

British Virgin Islands: The Administrator, British Virgin Islands

Cayman Islands: Her Majesty’s Principle Secretary of State for Foreign and Comonwealth Affairs, London, S.W.1

Central and Southern Line Islands: The Registrar of the High Court, Honiara, British Solomon Islands Protectorate

Falkland Islands and Dependencies: The Registrar of the Supreme Court, Stanley, Falkland Islands

Fiji: The Registrar of the Supreme Court, Fiji

Gibraltar: The Deputy Governor, Gibraltar

Gilbert and Ellice Islands: The Registrar of the High Court, Tarawa, Gilbert and Ellice Islands Colony

Guernsey: The Bailiff, Bailiff’s Office, Royal Court House, Guernsey, Channel Islands

Isle of Man: The First Deemster and Clerk of the Rolls, Rolls Office, Douglas, Isle of Man

Jersey: The Attorney General, Jersey, Channel Islands

Montserrat: The Registrar of the High Court, Montserrat

Pitcairn: The Governor and Commander-in-Chief, Pitcairn

St.Helena and Dependencies: The Supreme Court, St.Helena

St.Lucia: The Registrar of the High Court of Justice, St.Lucia

St. Vincent: The Registrar of the Supreme Court, St.Vincent

Seychelles: The Supreme Court, Seychelles

Turks and Caicos Islands: The Administrator, Turks and Caicos Islands

Hong Kong

  • a) In accordance with Article 18 of the Convention the Colonial Se cretary of Hong Kong is designated as the Authority competent to receive requests for service in accordance with Article 2 of the Convention.

  • b) The authority competent under Article 6 of the Convention to complete the Certificate of Service is the Registrar of the Supreme Court of Hong Kong.

  • c) In accordance with the provisions of Article 9 of the Convention, the Registrar of the Supreme Court of Hong Kong is designated as the receiver of process sent through consular channels.

Verenigd Koninkrijk, het, 8 februari 1974

The designated authority for Gibraltar is:

The Registrar of the Supreme Court, Gibraltar

Verenigd Koninkrijk, het, 13 juni 1980

The British Government notified that instead of the Registrar of the Supreme Court of Northern Ireland, designated in 1967 as the additional authority for Northern Ireland in conformity with Article 18 of the Convention, the Master (Queen’s Bench and Appeals) is designated as the said additional authority. The address of the Master (Queen’s Bench and Appeals) is Royal Courts of Justice, Belfast 1.

Verenigd Koninkrijk, het, 3 augustus 1982

Modification of the designation of authorities of the British Virgin Islands and the Turks and Caicos Islands:

  • the Registrar of the Supreme Court, British Virgin Islands;

  • the Registrar of the Supreme Court, Turks and Caicos Islands

Declarations for Anguilla:

  • a) in accordance with Article 18 of the Convention the Registrar of the Supreme Court of Anguilla (hereinafter called the designated authority) is designated as the authority competent to receive requests for service in accordance with Article 2 of the Convention.

  • b) the authority competent under Article 6 of the Convention to complete the Certificate of Service is the designated authority.

  • c) in accordance with the provisions of Article 9 of the Convention the designated authority shall receive process sent through consular channels.

Verenigd Koninkrijk, het, 2 maart 1983

Declarations for Saint Christopher and Nevis:

  • a) In accordance with Article 18 of the Convention the Registrar of the West Indies Associated State Supreme Court, Saint Christopher and Nevis circuit (hereinafter called the designated authority) is designated as the authority competent to receive requests for service in accordance with Article 2 of the Convention;

  • b) the authority competent under Article 6 of the Convention to complete the Certificate of Service is the designated authority;

  • c) in accordance with the provisions of Article 9 of the Convention the designated authority shall receive process sent through consular channels;

Verenigd Koninkrijk, het, 3 mei 1984

… that “the Colonial Secretary of Hong Kong” has been re-designated as “the Chief Secretary of Hong Kong”.

Verenigd Koninkrijk, het, 9 januari 1990

The designated authority for the Cayman Islands ceases to be “Her Ma jesty’s Principle Secretary of State for Foreign and Comonwealth Affairs” but is “the Clerk of the Courts, Grand Cayman, Cayman Islands”.

Verenigd Koninkrijk, het, 21 maart 2000

The designated authority for Scotland is:

The Scottish Executive Justice Department, Civil Justice & International Division, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ, Scotland, tel: 00 44 131 221 6815, fax: 00 44 131 221 6894.

Verenigde Staten van Amerika, de, 24 augustus 1967

  • 1. In accordance with Article 2, the United States Department of State is designated as the Central Authority to receive requests for service from other Contracting States and to proceed in conformity with Articles 3 to 6.

  • 2. In accordance with Article 6, in addition to the United States Department of State, the United States Department of Justice and the United States Marshal or Deputy Marshal for the judicial district in which ser vice is made are designated for the purpose of completing the certificate in the form annexed to the Convention.

Verenigde Staten van Amerika, de, 22 april 1970

Under Article 2 of the Convention, each State is required to designate a Central Authority to receive requests for service of documents coming from other countries. Although this Central Authority always is to be available, its use is not compulsory and there is provision (Articles 8 through 11) for service through channels outside the Central Authority, including service by diplomatic or consular officers. These provisions are optional, however, and, since consular officers of the United States are prohibited by regulation from serving legal process or appointing other persons to do so, the United States will not avail itself of these provisions of the Convention. It is anticipated that courts in the United States will be advised by the Department of Justice of the possibility of sending requests for service of legal process directly to the Central Authority of the country concerned.

The Department of State has been designated as the Central Authority under the Convention by Executive Order 11471, issued on May 28, 1969. As such, it will receive requests for service of legal process from the Courts of countries parties to the Convention and forward them to the Department of Justice for service by the appropriate United States Marshal. When action has been completed, the documents will be returned to the Department of State and sent to the appropriate mission abroad for mailing to the court.

Verenigde Staten van Amerika, de, 23 november 1973

The Department of Justice of the United States has been designated as the Central Authority under the Convention on the Service Abroad of Judicial and Extra judicial Documents effective December 31, 1973. As such it will receive requests for service of legal process from the courts of parties to the Convention. When action has been completed, the documents will be returned by the Department of Justice.

After December 31, it wil not be necessary to send such documents to the Department of State. Except for this procedural alteration, the Mi nistry is advised that the Embassy’s note of April 22, 1970 remains in effect.

Documents to the Department of Justice under the Convention should be addressed to the Office of International Judicial Assistance, Department of Justice, Washingon, D.C. 20530.

Verenigde Staten van Amerika, de, 31 maart 1994

The authorities currently designated by the Government of the United States of America to perform certain functions under the Treaty shall also be the authorities designated to perform those functions for the Commonwealth of the Northern Mariana Islands.

Zuid-Korea, 13 januari 2000

Designation pursuant to Articles 2 and 6:

  • 1. Central Authority (Article 2):

    Ministry of Court Administration

    Att. Director of International Affairs

    967, Seocho-dong, Seocho-gu, Seoul 137-750, Republic of Korea

    Telephone: 2 -3480 -1378

  • 2. Authority competent to complete the certificate of service (Article 6):

    In addition to the Central Authority, the clerk of the court for the judicial district in which the person is to be served.

Zweden, 2 augustus 1969

  • a) Central Authority:

    the Ministry of Foreign Affairs

    Utrikesdepartementet, Juridiska byran,

    Box 16121

    S-103 23 Stockholm 16

    Sweden

  • b) The Central Authority (the Ministry for Foreign Affairs) has been designated to receive documents transmitted through consular channels, pursuant to art. 9.

Zweden, 6 november 2000

Central Auhority (modification):

the Ministry of Justice

Division for Criminal Cases and International Judicial Co-operation

Central Authority

S-103 33 Stockholm

Sweden

Telephone: +46 8 405 45 00 (Secretariat)

Fax: +46 8 405 46 76

E-mail: birs@justice.ministry.se

Zwitserland, 2 november 1994

Re articles 2 and 18

  • 2. In accordance with article 21, first paragraph (a), Switzerland designates the cantonal authorities listed in the annex as Central Authorities as referred to in articles 2 and 18 of the Convention. Requests for the service of documents may also be addressed to the Federal Justice and Police Department in Bern, which will forward them to the appropriate Central Authority.

Re article 6

  • 4. In accordance with article 21, first paragraph (b), Switzerland designates the competent cantonal court or the cantonal Central Authority as the body responsible for completing the certificate referred to in article 6.

Re article 9

  • 6. In accordance with article 21, first paragraph (c), Switzerland designates the cantonal Central Authorities as the competent authorities to receive documents forwarded through consular channels pursuant to article 9 of the Convention.

ANNEX

Cantonal Central Authorities (modification)(up to date as per 18-09-2001):

Official language(s): a = German, f = French, i = Italian

Aargau (AG) – a

Obergericht des Kantons Aargau, Obere Vorstadt 40, 5000 Aargau

tel ++ 41628353850

fax ++ 41628353949

Appenzell Ausserrhoden (AR) – a

Kantonsgericht Appenzell A.Rh., 9043 Trogen

tel ++ 41713436399

fax ++ 41713436401

Appenzell Innerrhoden (AI) – a

Kantonsgericht Appenzell I.Rh., 9050 Appenzell

tel ++ 41717889551

fax ++ 41717889554

Basel-Landschaft (BL) – a

Obergericht des Kantons Basel-Landschaft, 4410 Liestal

tel ++ 41619255111

fax ++ 41619256964

Basel-Stadt (BS) – a

Appellationsgericht Basel-Stadt, 4051 Basel

tel ++ 41612678181

fax ++ 41612676315

Bern (BE) – a/f

Justiz-, Gemeinde- und Kirchendirektion des Kantons Bern, Münstergasse 2, 3011 Bern

tel ++ 41316337676

fax ++ 41316337626

Fribourg (FR) – f/a

Tribunal cantonal, 1700 Fribourg

tel ++ 41263053910

fax ++ 41263053919

Genève (GE) – f

Parquet du Procureur général, 1211 Genève 3

tel ++ 41223192797

fax ++ 41227814365

Glarus (GL) – a

Obergericht des Kantons Glarus, 8750 Glarus

tel ++ 41556452525

fax ++ 41556452500

Graubünden (GR) – a

Justiz-, Polizei- und Sanitätsdepartement, Graubünden, 7001 Chur

tel ++ 41812572121

fax ++ 41812572166

Jura (JU) – f

Département de la Justice, Service juridique, 2800 Delémont

tel ++ 41324215111

fax ++ 41324215555

Luzern (LU) – a

Obergericht des Kantons Luzern, Hirschengraben 16, 6003 Luzern

tel ++ 41412286262

fax ++ 41412286264

Neuchâtel (NE) – f

Département de la justice, de la santé et de la sécurité; service de la justice, Château, 2001 Neuchâtel

tel ++ 41328894110

fax ++ 41328896064

Nidwalden (NW) – a

Kantonsgericht Nidwalden, 6370 Stans

tel ++ 41416187950

fax ++ 41416187963

Obwalden (OW) – a

Kantonsgericht Obwalden, Postfach 1260, 6061 Sarnen

tel ++ 41416666222

fax ++ 41416608286

Schaffhausen (SH) – a

Obergericht des Kantons Schaffhausen, Postfach 568, 8201 Schaffhausen

tel ++ 41526327422

fax ++ 41526367836

Schwyz (SZ) – a

Kantonsgericht Schwyz, 6430 Schwyz

tel ++ 41418191124

--

Solothurn (SO) – a

Obergericht des Kantons Solothurn, 4500 Solothurn

tel ++ 41326277311

fax ++ 41326272298

St. Gallen (SG) – a

Kantonsgericht St. Gallen, Klosterhof 1, 9001 St. Gallen

tel ++ 41712293898

fax ++ 41712293787

Thurgau (TG) – a

Obergericht des Kantons Thurgau, 8500 Frauenfeld

tel ++ 41527223121

fax ++ 41527223125

Ticino (TI) – i

Tribunale di appello, 6901 Lugano

tel ++ 41918155111

fax ++ 41918155478

Uri (UR) – a

Landgericht Uri, Am Rathausplatz 2, 6460 Altdorf

tel ++ 41418752244

fax ++ 41418752277

Valais (VS) – f/a

Tribunal cantonal, 1950 Sion

tel ++ 41273229393

fax ++ 41273226351

Vaud (VD) – f

Tribunal cantonal, 1014 Lausanne

tel ++ 41213161511

fax ++ 41213161328

Zug (ZG) – a

Obergericht des Kantons Zug, Rechtshilfe, 6300 Zug

tel ++ 41417283154

fax ++ 41417283144

Zürich (ZH) – a

Obergericht des Kantons Zürich, Rechtshilfe, 8023 Zürich

tel ++ 4112579191

fax ++ 4112611292

Zwitserland, 18 september 2001

Switzerland had taken the opportunity to designate several Central Authorities. A multifunctional data bank (ELORGE) allows the judicial authorities in the contracting States to find the competent Swiss autho rity on the basis of the place to which the request can be directly addressed. This information can be found at the following adress: http://www.elorge.admin.ch

Zwitserland, 3 juni 2004

Cantonal Central Authorities:

A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: http://www.rhf.admin.ch/rhf/d/service/recht/Kantonale-Zentrralbehoerden.pdf

To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: http://www.elorge.admin.ch

Zwitserland, 9 november 2006

Cantonal Central Authorities (modification) (list up to date as per 24 June 2008)

A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: http://www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html

G. INWERKINGTREDING

Zie Trb. 1969, 55.

J. VERWIJZINGEN

Zie voor verwijzingen en andere verdragsgegevens Trb. 1966, 91, Trb. 1967, 36, Trb. 1968, 63, Trb. 1969, 55 en 210, Trb. 1971, 63, Trb. 1973, 73, Trb. 1975, 150, Trb. 1981, 150, Trb. 1984, 145, Trb. 1989, 101, Trb. 1994, 93, Trb. 1996, 281 en Trb. 1997, 273.

Verwijzingen

Titel

:

Statuut van de Haagse Conferentie voor Internationaal Privaatrecht, zoals herzien in 2005;

’s-Gravenhage, 31 oktober 1951

Laatste Trb.

:

Trb. 2007, 201

Uitgegeven de zevenentwintigste augustus 2008.

De Minister van Buitenlandse Zaken,

M. J. M. VERHAGEN


XNoot
1)

Een aantal verklaringen betreft aangewezen autoriteiten. Die verklaringen zijn opgenomen in de aparte rubriek „Autoriteiten” hieronder, en weggelaten in deze rubriek.

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