Serving civil procedure documents on a party residing in another Member State

9.12.2011

Question for written answer E-012060/2011
to the Commission
Rule 117
Konrad Szymański (ECR)

In accordance with Article 1135 of the Polish Code of Civil Procedure, persons residing outside Poland are not able to receive court documents in their place of residence and must nominate a process agent for service in Poland. This solution is incompatible with Regulation No 1393/2007, which lays down the various possible ways in which procedural documents can be served outside the country in which the proceedings are taking place. The regulation was adopted precisely in order to facilitate the legal transmission of documents and to avoid discriminating against parties in proceedings on the basis of their place of residence.

The Polish justice minister does not acknowledge that Poland’s rules are incompatible with the aforementioned regulation, pointing out that Article 14 of Regulation No 1393/2007 provides that the service of court documents directly by post on persons residing in another Member State is optional, not mandatory. In fact, the reference in Article 14 to direct service by post is one of five possible means of service listed, none of which are implemented in Polish civil law.

1. Does the Commission intend to launch infringement proceedings in this matter, in view of the lack of reaction by the Polish authorities to this infringement which has been brought to their attention?

2. Does the Commission believe that until such time as the law is amended, citizens can directly invoke the direct application of the regulation before the Polish courts, given that the Code of Civil Procedure is incompatible with it?

OJ C 285 E, 21/09/2012