| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 93 (May) |
| Court: | Court of Justice of the European Communities (Third Chamber) |
| Judge: | Judges Rosas (President of Chamber), Lohmus, Klucka, Lindh and Arabadjiev |
| Judgment Dates: | 8 May 2008 |
Catchwords
European Community - Civil and commercial matters - Service of judicial and extra - judicial documents - Annex to document not translated into official language of member state of addressee or language of state of transmission which addressee understands - Whether addressee of document having right to refuse service - Consequences of failure to translate document - Council Regulation (EC) 1348/2000, art 8.
The Case
Article 8(1) of Council Regulation (EC)1348-2000 (on the service in the member states of judicial and extra-judicial documents in civil or commercial matters) was to be interpreted as meaning that the addressee of a document instituting the proceedings, which was to be served, did not have the right to refuse to accept that document, provided that it enabled the addressee to assert his rights in legal proceedings in the member state of transmission, where annexes were attached to that document consisting of documentary evidence which was not in the language of the member state addressed or in a language of the member state of transmission which the addressee understood, but which had a purely evidential function and was not necessary for understanding the subjectmatter of the claim and the cause of action.
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