Law implementing the European Convention of 24 November 1977 on the service of documents in administrative matters abroad and of the European Convention of 15 March 1978 on the obtaining of information and evidence in respect of administrative matters abroad and the European Convention on the Disposal of Information and Information Administrative matters abroad

Unofficial table of contents

EuAuslVwZ/AuskÜbkAG

Date of completion: 20.07.1981

Full quote:

" Act implementing the European Convention of 24 November 1977 on the service of documents in administrative matters abroad and of the European Convention of 15 March 1978 on the obtaining of information and evidence in the field of administrative matters Administrative matters abroad of 20 July 1981 (BGBl. I p. 665) "

Footnote

(+ + + Text evidence from: 26. 7.1981 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Part one
Provisions relating to the implementation of the European Convention of 24 November 1977 on the service of documents in administrative matters abroad

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§ 1

The tasks of the central authority (Article 2 of the Convention) are carried out by the authorities designated by the State governments. Each country can set up only one central authority. Unofficial table of contents

§ 2

A formal service pursuant to Article 6 (1) (b) of the Convention shall be admissible only if the document to be submitted is written in German or translated into that language. Unofficial table of contents

§ 3

If, in accordance with Article 6 (1) (a) and (2) of the Convention, a foreign document is to be served, which is not written in German or accompanied by a translation into the German language, the central document shall be: Authority designated by the State Government to bring about a simple handover to the recipient. In doing so, the addressee must be informed that he may refuse to accept the document on the grounds that he does not understand the language in which it is written. In the case of refusal of acceptance, the competent authority referred to in the first sentence shall return the document to the central authority. This will cause the translation of the document into the German language, or invite the applicant authority to translate the document into the German language or to have a translation into that language. Unofficial table of contents

§ 4

(1) The central authority may send the foreign document by post with a postal delivery certificate, if it is written in German or accompanied by a translation into the German language. In this case, the central authority shall issue the document to be handed over to the postal service for delivery. (2) § § 3 and 7 of the Administrative Delivery Act shall apply. Unofficial table of contents

§ 5

The delivery certificate (Article 8 (1) of the Convention) shall be issued by the central authority in the case of § 4. Unofficial table of contents

§ 6

A service by diplomatic or consular representatives (Article 10 of the Convention) shall be admissible only if the document is to be sent to a member of the country of absence. A service provided for in Article 11 of the Convention shall not take place.

Part two
Provisions concerning the implementation of the European Convention of 15 March 1978 on the obtaining of information and evidence in administrative matters abroad

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§ 7

The tasks of the central authority (Article 2 of the Convention) are carried out by the authorities designated by the State governments. Each country can set up only one central authority. Unofficial table of contents

§ 8

The central authority may object to the receipt of a request for assistance if it is not written in German or accompanied by a translation into the German language.

Part Three
Final provisions

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§ 9

This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Unofficial table of contents

§ 10

This Act shall enter into force on the day after the announcement.