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Amendment to Regulation (EC) No 805/2004
In Article 13 (1) of Regulation (EC) No 805/2004, the following point is added: ‘(e) electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council ( *1 ) .
Amendments to Regulation (EC) No 1896/2006
Regulation (EC) No 1896/2006 is amended as follows: (1) in Article 7, paragraph 5 is replaced by the following: ‘5. The application shall be submitted by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *2 ) , in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin. ( *2 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj ).’;" (2) in Article 7(6), the first subparagraph is replaced by the following: ‘The application shall be signed by the claimant or, where applicable, by the claimant’s representative. Where the application is submitted in electronic form in accordance with paragraph 5 of this Article, the requirement to sign the application shall be fulfilled in accordance with Article 7(3) of Regulation (EU) 2023/2844. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.’; (3) in Article 13, the following paragraph is added: ‘The European order for payment may be served on the defendant by electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council ( *3 ) . ( *3 ) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) ( OJ L 405, 2.12.2020, p. 40 ).’;" (4) Article 16 is amended as follows: (a) paragraph 4 is replaced by the following: ‘4. The statement of opposition shall be submitted by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844, in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.’ ; (b) in paragraph 5, the first subparagraph is replaced by the following: ‘The statement of opposition shall be signed by the defendant or, where applicable, by the defendant’s representative. Where the statement of opposition is submitted in electronic form in accordance with paragraph 4 of this Article, the requirement to sign the statement of opposition shall be fulfilled in accordance with Article 7(3) of Regulation (EU) 2023/2844. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.’.
Amendments to Regulation (EC) No 861/2007
Regulation (EC) No 861/2007 is amended as follows: (1) in Article 4, paragraph 1 is replaced by the following: ‘1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *4 ) or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents. ( *4 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj ).’;" (2) in Article 13 (1), point (a), is replaced by the following: ‘(a) by postal service;’; (3) in Article 13 (1), point (b) is replaced by the following: ‘(b) by electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council ( *5 ) ; or ( *5 ) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) ( OJ L 405, 2.12.2020, p. 40 ).’;" (4) in Article 13 (1), the following point is added: ‘(c) through the European electronic access point established under Article 4(1) of Regulation (EU) 2023/2844, provided that the addressee gave prior express consent to the use of this means for service of documents in the course of the European Small Claims Procedure concerned.’; (5) in Article 13, paragraph 2 is replaced by the following: ‘2. All communication not referred to in paragraph 1 between the court or tribunal and the parties or other persons involved in the proceedings shall be carried out either by: (a) electronic means attested by an acknowledgment of receipt, where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure concerned is conducted, provided that the party or person concerned has accepted in advance such means of communication or is, in accordance with the procedural rules of the Member State in which that party or person is domiciled or habitually resident, under a legal obligation to accept such means of communication; or (b) the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’ ; (6) in Article 15a, paragraph 2 is replaced by the following: ‘2. The Member States shall ensure that the parties can make electronic payments of court fees by means of distance payment methods which allow the parties to make the payment also from a Member State other than the Member State in which the court or tribunal is situated, in accordance with Article 9 of Regulation (EU) 2023/2844.’ .
Amendments to Regulation (EU) No 606/2013
Regulation (EU) No 606/2013 is amended as follows: (1) in Article 8(2), the first subparagraph is replaced by the following: ‘Where the person causing the risk resides in the Member State of origin, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State of origin, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent or by the electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council ( *6 ) . Where the person causing the risk resides in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent. ( *6 ) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) ( OJ L 405, 2.12.2020, p. 40 ).’;" (2) in Article 11(4), the first subparagraph is replaced by the following: ‘Where the person causing the risk resides in the Member State addressed, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State addressed, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent or by the electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784. Where the person causing the risk resides in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.’.
Amendments to Regulation (EU) No 655/2014
Regulation (EU) No 655/2014 is amended as follows: (1) in Article 8, paragraph 4 is replaced by the following: ‘4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *7 ) . ( *7 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj ).’;" (2) in Article 17, paragraph 5 is replaced by the following: ‘5. The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’ ; (3) Article 29 is replaced by the following: ‘Article 29 Transmission of documents 1. Where this Regulation provides for transmission of documents in accordance with this Article, such transmission shall be carried out in accordance with Regulation (EU) 2023/2844 as regards the communication between authorities, or by any appropriate means where communication is to be carried out by creditors, provided that the content of the document received is true and faithful to that of the document transmitted and that all information contained in it is easily legible. 2. The court or authority that received documents in accordance with paragraph 1 of this Article shall, by the end of the working day following the day of receipt, send to: (a) the authority that transmitted the documents an acknowledgment of receipt, in accordance with Article 3 of Regulation (EU) 2023/2844; or (b) the creditor or bank that transmitted the documents an acknowledgment of receipt ; employing the swiftest possible means of transmission. The court or authority that received documents in accordance with paragraph 1 of this Article shall use the standard form for acknowledgment of receipt established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).’ ; (4) Article 36 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. The application for a remedy pursuant to Article 33, 34 or 35 shall be made using the remedy form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2). The application may be made at any time and may be submitted: (a) by any means of communication, including electronic means, which are accepted under the procedural rules of the Member State in which the application is lodged; or (b) by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’ ; (b) paragraph 3 is replaced by the following: ‘3. Except where the application was submitted by the debtor pursuant to point (a) of Article 34(1) or pursuant to Article 35(3), the decision on the application shall be issued after both parties have been given the opportunity to present their case, including by such appropriate means of communication technology as are available and accepted under the national law of each of the Member States involved or by the means of electronic communication provided for under Regulation (EU) 2023/2844.’ .
Amendments to Regulation (EU) 2015/848
Regulation (EU) 2015/848 is amended as follows: (1) In Article 42(3), the first sentence is replaced by the following: ‘The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *8 ) . ( *8 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj ).’;" (2) Article 53 is replaced by the following: ‘Article 53 Right to lodge claims Any foreign creditor may lodge claims in insolvency proceedings by any means of communication which are accepted by the law of the State of the opening of proceedings or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844. Representation by a lawyer or another legal professional shall not be mandatory for the sole purpose of lodging of claims.’ ; (3) in Article 57(3), the first sentence is replaced by the following: ‘The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with Article 3 of Regulation (EU) 2023/2844.’.
Amendments to Regulation (EU) 2020/1784
Regulation (EU) 2020/1784 is amended as follows: (1) in Article 12, paragraph 7 is replaced by the following: ‘7. For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers, in cases where service is effected in accordance with Article 17, and the authority or person, in cases where service is effected in accordance with Article 18, 19, 19a or 20, shall inform the addressee that the addressee may refuse to accept the document and that either form L in Annex I or a written declaration of refusal must be sent to those agents or officers or to that authority or person respectively.’ ; (2) in Article 13, paragraph 3 is replaced by the following: ‘3. This Article also applies to the other means of transmission and service of judicial documents provided for in Section 2 with the exception of Article 19a.’ ; (3) the following Article is inserted: ‘Article 19a Electronic service through the European electronic access point 1. The service of judicial documents may be effected directly on a person who has a known address for service in another Member State through the European electronic access point established under Article 4(1) of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *9 ) , provided that the addressee has given prior express consent to the use of that electronic means for serving documents in the course of the legal proceedings concerned. 2. The addressee shall confirm the receipt of the documents with an acknowledgment of receipt, including the date of the receipt. The date of service of documents shall be the date specified in the acknowledgment of receipt. The same rule shall apply in the case of service of refused documents which is remedied in accordance with Article 12(5). ( *9 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj ).’;" (4) in Article 37, the following paragraph is added: ‘3. Article 19a shall apply from the first day of the month following the period of two years from the date of entry into force of the implementing acts referred to in Article 10(3)(a) of Regulation (EU) 2023/2844.’ .
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