On February 10, 1960, the International Hague Convention came into force, according to which the contracting countries regulated the process to be followed regarding service of judicial and extrajudicial documents in civil and commercial matters between parties residing in these countries. According to the Hague Convention, each contracting country is obliged to appoint a competent Authority, which will receive requests for service from other contracting countries and will implement them according to Articles 3-6 of the Hague Convention. According to Article 3 of the Hague Convention, the Authority or Court employee that issued the documents to be serviced, forwards to the competent Authority a request for service, with two copies of the document to be served attached. According to Articles 4 and 5, the competent Authority, upon receiving the relevant petition, checks it to determine whether the conditions set by the Hague Convention are met. In the event that they have not, it is under an obligation to notify the petitioner and state its objections regarding the request.
In the event, however, that the conditions are met, the competent Authority will serve the relevant document, either itself or via an authorized employee or agency a) either by following the method set by its internal Laws regarding service of documents in judicial or extrajudicial cases within the country’s borders, or b) by a specific method requested by the petitioner, unless this method is contrary to the laws of the Country where the document is sent. The same conditions apply regarding service of both judicial and extrajudicial documents that have been prepared by Authorities and Court employees of one of the contracting countries.
Today, the countries that have signed or subsequently accepted the Hague Convention, are the following: Albania, Argentina, Bellarus, Belgium, Bosnia Herzegovina, Boulgaria, Canada, China, Croatia, Cyprus, Tsech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Island, India, Irland, Israel, Italy, Japan, Korea, Latvia, Lithouania, Louxembourg, Mexiko, Monaco, The Netherlands, Norway, Polland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, F.Y.R.O.M., Turkey, Ukraine, United Kingdom, U.S.A., Venezouela, Antigua, Bahamas, Barbeidos, Botswuana, Kouweit, Malawi, Pakistan, San Marino, Seyhelles, and The Grenadines.
Concurrently with the above Convention, on May 31, 2001, the European Union Regulation No. 1348/2000 of the E.U. Council came into affect for the E.U. Members, regarding service of judicial and extrajudicial documents on civil and commercial matters within the E.U. members’ borders. The aforementioned Regulation includes provisions similar to those of the Hague Convention regarding the service of judicial and extrajudicial documents.
Based on these two important legislative efforts, the process of serving the relevant documents upon individuals residing abroad in a manner deemed lawful for the authorities of the State where the case is pending, has been simplified significantly.