Service of Documents and Taking of Evidence

Service of Documents

Regulation (EU) 2020/1784 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) seeks to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States. The Regulation replaced Council Regulation (EC) No 1393/2007 as of 1 July 2022.

The decentralised IT system as an obligatory means of communication to be used for the transmission and receipt of requests, forms and other communication started applying from 1 May 2025 (the first day of the month following the period of three years after the date of entry into force of the implementing act referred to in Article 25 (for further details see Article 37 of Regulation (EU) 2020/1784)). A Steering Committee comprising representatives of the Member States was established by Commission Implementing Decision (EU) 2025/921 to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of the Regulation.

Where communication through the decentralised IT system is not possible due to the disruption of that IT system or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability and security. Where there is a disruption of the decentralised IT system, then the forms on the European e-Justice Portal should be used.

The Regulation applies between all Member States of the European Union including Denmark, which confirmed its intention to implement the content of the Regulation by means of a declaration based on a parallel agreement concluded with the European Community.

The Regulation provides for different ways of transmitting and serving documents: transmission through transmitting and receiving agencies, transmission by consular or diplomatic channels, service by postal services, electronic service and direct service.

Transmitting Agencies are competent for the transmission of judicial or extrajudicial documents to be served in another Member State. Receiving Agencies are competent for the receipt of judicial or extrajudicial documents from another Member State. The Central Body is responsible for supplying information to the transmitting agencies and seeking solutions to any difficulties which may arise during transmission of documents for service.

The Regulation provides for twelve forms.

For additional information, please see: 

• user-friendly tool for filling in the forms;
• Member States notifications including contact details for competent authorities, relevant national legislature etc. can be found in the European Judicial Atlas section. This page includes a search tool to find the competent authorities to which to send completed forms;
• Information about Member States legislation on Service of documents: official transmission of legal documents.

Taking of Evidence

Regulation (EU) 2020/1783 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(recast) seeks to improve, simplify and accelerate cooperation between courts in the taking of evidence. The Regulation replaced Council Regulation (EC) No 1206/2001 as of 1 July 2022.

The decentralised IT system as an obligatory means of communication to be used for the transmission and receipt of requests, forms and other communication started applying from 1 May 2025 (the first day of the month following the period of three years after the date of entry into force of the implementing act referred to in Article 25 (for further details see Article 35 of Regulation (EU) 2020/1783)). A Steering Committee comprising representatives of the Member States was established by Commission Implementing Decision (EU) 2025/919 to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of the Regulation.

Where communication through the decentralised IT system not possible due to the disruption of that IT system or to the nature of the evidence concerned, or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability and security. Where there is a disruption of the decentralised IT system, then the forms on the European e-Justice Portal should be used.

The Regulation applies between all Member States of the European Union with the exception of Denmark. Between Denmark and the other Member States the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1970 applies.

The Regulation provides for three ways of taking of evidence between Member States: taking of evidence through the requested court, the direct taking of evidence by the requesting court and taking of evidence by diplomatic agents or consular officers.

The Requesting Court is the court or other competent authority if notified by the relevant Member State, before which the proceedings are commenced or contemplated. The Requested Court is the competent court of another Member State for the performance of the taking of evidence. The Central Body is responsible for supplying information and seeking solutions to any difficulties which may arise in respect of a request.

The Regulation provides for fourteen forms.

For additional information, please see: 

• user-friendly tool for filling in the forms;
• Member States notifications including contact details for competent authorities, relevant national legislature etc. can be found in the European Judicial Atlas section. This page includes a search tool to find the competent authorities to which to send completed forms;
• the Practice Guide for the application of the Taking of Evidence Regulation can be found on this page: EJN's publications;
• information about Member States legislation on taking of evidence and taking of evidence by videoconference.

Service of Documents and Taking of Evidence Steering Committees

According to the Service of Documents and Taking of Evidence Regulations, as of 1 May 2025 all communication and exchange of documents between the courts and other authorities designated by the Member States under these Regulations are to be, as a rule, carried out through secure and reliable decentralised IT systems comprising national IT systems that are interconnected and technically interoperable, for example, and without prejudice to further technological progress, based on e-CODEX. Those decentralised IT systems are implemented within a larger e-CODEX-based decentralised IT system referred to as JUstice Digital EXchange system (JUDEX), requiring an effective exchange of information concerning horizontal developments.

Commission Implementing Decisions (EU) 2025/921 and (EU) 2025/919 established two Steering Committees comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT systems in order to meet the objectives of the Regulations. As the roles and tasks of the steering committees under both acts are similar, it is expedient and cost-effective to hold joint meetings of the steering committees.

Agendas and summary minutes of the meetings of the Steering Committees.