Sending and receiving documents in a fast and secure way is crucial in judicial proceedings. Service of a document in a judicial proceeding is different from a simple letter post delivery: it has important legal effects to the parties of the proceedings. Proper service of the document instituting the proceedings plays a crucial role in ensuring access to justice and a fair trial for the parties.
The regulation on the service in EU countries of judicial and extra-judicial documents in civil or commercial matters sets out the rules for the transmission of documents from one EU country to another.
This regulation applies to all EU countries including Denmark. Denmark has concluded a parallel agreement on 19 October 2005 with the European Community on the service of documents in civil or commercial matters.
Both transmitting and receiving agencies must use the prescribed document form.
On 25 November 2020 a revised version of the Regulation ((EU) 2020/1784) was adopted. One major objective of the proposal is to adapt the cooperation mechanisms and transmission workflows in the regulation to the technical developments provided by the digitalization. The Regulation will become applicable partially from 1 July 2022. However, the decentralised IT system as an obligatory means of communication to be used for the transmission and receipt of requests, forms and other communication will only start applying from the first day of the month following the period of three years after the date of entry into force of the implementing acts referred to in Article 25 (for further details see Article 37 of Regulation (EU) 2020/1784)).