In a judgment of December 19th, 2012, the ECJ ruled that EC Regulation No 1393/2007 on the service of documents has a mandatory character, in that it applies to any service from one Member State when the addressee is resident in another Member State and irrespective of the fact that the lex fori requires or not the document to be served abroad. On this basis, the ECJ held that a rule of Polish procedural law providing for a “fictitious” way of service in the State of the forum is not consistent with the Regulation. The article investigates the ultimate reason for such interpretation of the scope of the Regulation, which marks a break with the traditional construction of the 1965 Hague Convention (despite the similar wording in the two instruments). Such different construction is to be found in the belonging of the Regulation to the legal order of the European Union and in the consequent overcoming of the traditional perspective of inter-State judicial cooperation.

Sul carattere "obbligatorio" del Reg. n. 1393/2007 alla luce della sentenza Alder c. Orlowska / Z. Crespi Reghizzi. - In: INT'L LIS. - ISSN 1594-7955. - 2013:3-4(2013), pp. 132-139.

Sul carattere "obbligatorio" del Reg. n. 1393/2007 alla luce della sentenza Alder c. Orlowska

Z. Crespi Reghizzi
Primo
2013

Abstract

In a judgment of December 19th, 2012, the ECJ ruled that EC Regulation No 1393/2007 on the service of documents has a mandatory character, in that it applies to any service from one Member State when the addressee is resident in another Member State and irrespective of the fact that the lex fori requires or not the document to be served abroad. On this basis, the ECJ held that a rule of Polish procedural law providing for a “fictitious” way of service in the State of the forum is not consistent with the Regulation. The article investigates the ultimate reason for such interpretation of the scope of the Regulation, which marks a break with the traditional construction of the 1965 Hague Convention (despite the similar wording in the two instruments). Such different construction is to be found in the belonging of the Regulation to the legal order of the European Union and in the consequent overcoming of the traditional perspective of inter-State judicial cooperation.
Settore IUS/13 - Diritto Internazionale
2013
Article (author)
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/227927
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