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RS 0.274.131 Convention of 15 November 1965 on the meaning and notification abroad of judicial and extrajudicial documents in civil or commercial matters (with annex)

Original Language Title: RS 0.274.131 Convention du 15 novembre 1965 relative à la signification et la notification à l’étranger des actes judiciaires et extrajudiciaires en matière civile ou commerciale (avec annexe)

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0.274.131

Original text

Convention on the Service and Notification Abroad of Judicial and Extrajudicial Acts in Civil or Commercial Matters

Conclue at The Hague on 15 November 1965
Approved by the Federal Assembly on June 9, 1994 1
Instrument of ratification deposited by Switzerland on 2 November 1994
Entry into force for Switzerland on 1 Er January 1995

(State on 20 February 2014)

The States Parties to this Convention,

Wishing to create the appropriate means to ensure that judicial and extrajudicial documents to be served or notified abroad are known to their recipients in a timely manner,

Concerned to improve mutual legal assistance by simplifying and speeding up the procedure,

Have resolved to conclude a Convention to these effects and have agreed on the following provisions:

Art. 1

This Convention shall apply, in civil or commercial matters, in all cases where a judicial or extra-judicial act is to be sent abroad for service or notification.

The Convention shall not apply where the address of the addressee of the act is not known.

Chapter I Judicial Proceedings

Art. 2

Each Contracting State shall designate a Central Authority which shall assume, in accordance with Art. 3 to 6, the burden of receiving and responding to requests for service or notification from another Contracting State.

The Central Authority shall be organised in accordance with the conditions laid down by the requested State.

Art. 3

The competent ministerial authority or officer in accordance with the laws of the State of origin shall send to the Central Authority of the requested State an application in accordance with the model formula annexed to this Convention, without the need for the legalization of the Parts or other equivalent formality.

The application must be accompanied by the judicial act or its copy, all in duplicate.

Art. 4

If the Central Authority considers that the provisions of the Convention have not been complied with, it shall immediately inform the applicant accordingly, specifying the complaints articulated against the application.

Art. 5

The Central Authority of the requested State shall carry out or arrange for the service to be served or communicated:

(a)
Either in the form prescribed by the law of the State required for the service or notification of the acts established in that country and which are intended for persons in its territory;
(b)
According to the particular form requested by the applicant, provided that it is not incompatible with the law of the requested State.

Except as provided in para. 1, let. (b) the act may always be given to the addressee who voluntarily accepts it.

If the act is to be served or notified in accordance with para. 1, the Central Authority may request that the act be written or translated into the language or one of the official languages of its country.

The part of the application conforming to the model formula annexed to this Convention, which contains the essential elements of the act, shall be given to the addressee.

Art. 6

The Central Authority of the Requested State or any authority designated for that purpose shall establish a certificate in accordance with the model formula annexed to this Convention.

The certificate shall relate to the execution of the application; it shall indicate the form, place and date of the execution and the person to whom the act has been delivered. If so, it specifies the fact that would have prevented the execution.

The applicant may request that the certificate which is not established by the Central Authority or by a judicial authority be referred to by one of these authorities.

The certificate is sent directly to the applicant.

Art. 7

The references printed in the model form annexed to this Convention shall be written either in the French language or in the English language. In addition, they may be written in the official language or languages of the State of origin.

The blanks corresponding to these entries are filled out either in the language of the requested State or in the English language.

Art. 8

Each Contracting State shall have the right to make direct, without constraint, the care of its diplomatic or consular agents, the meanings or notifications of judicial acts to persons abroad.

Any State may declare its opposition to the use of that power in its territory, unless the act is to be served or notified to a national of the State of origin.

Art.

Each Contracting State shall have, in addition, the right to use the consular road to transmit, for the purpose of service or notification, judicial acts to the authorities of another Contracting State designated by the latter State.

If exceptional circumstances so require, each Contracting State shall have the right to use diplomatic channels for the same purpose.

Art. 10

This Convention shall not impede, unless the State of destination declares against it:

(a)
The right to direct, through the postal service, legal acts to persons abroad,
(b)
To the faculty, for ministerial officers, officials or other competent persons of the State of origin, to carry out the meanings or notifications of judicial acts directly through the care of ministerial officers, Officials or other competent persons of the State of destination,
(c)
To the faculty, for any person interested in a judicial proceeding, to have effect or notice of judicial proceedings directly through the care of ministerial officers, officials or other competent persons of The destination state.
Art. 11

This Convention does not preclude Contracting States from agreeing to admit, for the purposes of service or notification of judicial documents, other means of transmission than those provided for in the preceding articles and In particular direct communication between their respective authorities.

Art. 12

Meanings or notifications of judicial acts originating in a Contracting State may not give rise to the payment or refund of fees or charges for the services of the requested State.

The applicant is required to pay or reimburse the costs incurred by:

(a)
The intervention of a ministerial officer or a competent person according to the law of the State of destination,
(b)
The use of a particular form.
Art. 13

The execution of a request for service or notification in accordance with the provisions of this Convention may be refused only if the requested State considers that such enforcement is such as to impair its sovereignty or security.

Enforcement may not be refused on the sole ground that the law of the requested State claims exclusive jurisdiction in the case in question or does not know of a legal remedy which is the subject of the application.

In the case of refusal, the Central Authority shall immediately inform the applicant and indicate the reasons.

Art. 14

The difficulties which arise during the transmission, for the purposes of service or notification, of judicial acts will be settled through diplomatic channels.

Art. 15

Where an originating document or an equivalent document has had to be transmitted abroad for the purposes of service or notification, in accordance with the provisions of this Convention, and the defendant does not appear, the judge shall be held To rule as long as it is not established:

(a)
Or the act has been served or notified in the form prescribed by the law of the State required for the service or notification of the acts established in that country and which are intended for persons in its territory,
(b)
Or the act was actually delivered to the defendant or to the defendant in another procedure provided for in this Convention,

And that, in each of these contingencies, either the service or the notification, the surrender took place in good time for the defendant to have been able to defend itself.

Each Contracting State shall have the right to declare that its judges, notwithstanding the provisions of paragraph 1, may decide whether the following conditions are met, although there is no attestation of service or notification, or The remission was not received:

(a)
The act has been transmitted in one of the modes provided for in this Convention,
(b)
A time limit which the judge will appreciate in each particular case and which will be at least six months, has passed since the date of the sending of the act,
(c)
Notwithstanding all due diligence with the competent authorities of the requested State, no attestation could be obtained.

This Article shall not prevent the judge from ordering any interim or protective measures in the event of an emergency.

Art. 16

Where an originating document or equivalent document has had to be transmitted abroad for the purpose of service or notification, in accordance with the provisions of this Convention, and a decision has been made against a defendant who does not Court has the right to relieve that defendant of foreclosure resulting from the expiry of the time limit for appeal, if the following conditions are met:

(a)
The defendant, without any fault on his part, has not been informed in good time of the said act in order to defend himself and the decision in order to make an appeal,
(b)
The defendant's pleas are not unfounded.

The application for the statement of foreclosure shall be inadmissible if it is not filed within a reasonable period of time from the time when the defendant became aware of the decision.

Each Contracting State shall have the right to declare that the application is inadmissible if it is filed after the expiration of a time limit specified in its declaration, provided that that period is not less than one year from the date of the decision.

This Article does not apply to decisions concerning the status of persons.

Chapter II Extrajudicial acts

Art. 17

Extrajudicial acts emanating from the ministerial authorities and officers of a Contracting State may be transmitted for the purpose of service or notification in another Contracting State in accordance with the modes and conditions provided for in the present Convention.

Chapter III General provisions

Art. 18

Any Contracting State may, in addition to the Central Authority, designate other authorities for which it determines jurisdiction.

However, the applicant still has the right to address directly to the Central Authority.

The federal states have the right to designate several Central Authorities.

Art. 19

This Convention does not preclude the internal law of a Contracting State from allowing other forms of transmission not provided for in the preceding Articles, for the purpose of service or notification, in its territory, of acts originating from Foreign.

Art.

This Convention does not preclude Contracting States from seeking to derogate from:

(a)
Art. 3, para. 2, as regards the requirement of a duplicate copy of the documents transmitted;
(b)
Art. 5, para. 3, and art. 7, as regards the use of languages;
(c)
Art. 5, para. 4;
(d)
Art. 12, para. 2.
Art.

Each Contracting State shall notify the Ministry of Foreign Affairs of the Netherlands either at the time of deposit of its instrument of ratification or accession, or at a later date:

(a)
The designation of the authorities under s. 2 and 18,
(b)
The designation of the competent authority to establish the certificate provided for in Art. 6,
(c)
The designation of the competent authority to receive the acts transmitted by the consular way according to Art. 9.

It shall notify, where appropriate, under the same conditions:

(a)
Its opposition to the use of the means of transmission provided for in s. 8 and 10,
(b)
Declarations under s. 15, para. 2, and 16, para. 3,
(c)
Any changes to the designations, objections and declarations mentioned above.
Art.

This Convention shall replace in the relations between the States which have ratified it, art. 1 to 7 of the Conventions on Civil Procedure, signed at The Hague on 17 July 1905, respectively 1 And 1 Er March 1954 2 , to the extent that those States are Parties to any of these Conventions.


1 [RS 12 249. RO 2009 7101 ]
2 RS 0.274.12

Art.

This Convention shall not affect the application of Art. 23 of the Convention on Civil Procedure, signed at The Hague on 17 July 1905, nor of Art. 24 of the one signed at The Hague, 1 Er March 1954.

Such articles shall, however, be applicable only if the means of communication are identical to those provided for in the said Conventions.

Art. 24

The agreements, additional to those Conventions of 1905 and 1954 concluded by the Contracting States, shall be deemed equally applicable to this Convention unless the States concerned agree otherwise.

Art. 25

Without prejudice to the application of art. 22 and 24, this Convention does not derogate from the Conventions to which the Contracting States are or will be Parties and which contain provisions on matters dealt with in this Convention.

Art. 26

This Convention shall be open for signature by the States represented at the Tenth Session of the Hague Conference on Private International Law.

It will be ratified and the instruments of ratification will be deposited with the Ministry of Foreign Affairs of the Netherlands.

Art. 27

This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification provided for in Art. 26, para. 2.

The Convention shall enter into force, for each signatory State ratifying subsequently, on the sixtieth day after the deposit of its instrument of ratification.

Art. 28

Any State not represented at the Tenth Session of the Hague Conference on Private International Law may accede to this Convention after its entry into force pursuant to Art. 27, para. 1. The instrument of accession will be deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force for such a State only in the absence of opposition from a State which has ratified the Convention before that deposit, notified to the Ministry of Foreign Affairs of the Netherlands within six months from the date of the This Ministry will have notified him of this accession.

In the absence of opposition, the Convention shall enter into force for the acceding State on the first day of the month following the expiration of the last of the time limits referred to in the preceding paragraph.

Art.

Any State, at the time of signature, ratification or accession, may declare that this Convention shall extend to all the territories it represents on the international level, or to one or more of them. This declaration shall have effect upon the entry into force of the Convention for that State.

Thereafter, any such extension will be notified to the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force, for the territories covered by the extension, on the sixtieth day after the notification referred to in the preceding paragraph.

Art.

This Convention shall be for a period of five years from the date of its entry into force in accordance with Art. 27, para. 1, even for those States which have ratified or acceded to it subsequently.

The Convention will be renewed tacitly in five years, except denunciation.

The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period.

It may be limited to some of the territories to which the Convention applies.

The denunciation shall have effect only in respect of the State which has notified it. The Convention shall remain in force for the other Contracting States.

Art.

The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Art. 26, as well as to States which have acceded in accordance with the provisions of Art. 28:

(a)
The signatures and ratifications referred to in Art. 26;
(b)
The date on which this Convention enters into force in accordance with the provisions of Art. 27, para. 1;
(c)
The memberships referred to in s. 28 and the date on which they will have effect;
(d)
The extensions referred to in s. 29 and the date on which they will have effect;
(e)
Designations, objections and declarations referred to in s. 21;
(f)
Disclosures referred to in s. 30, para. 3.

In witness whereof, The undersigned, duly authorized, have signed this Convention.

Done at The Hague, on 15 November 1965, in English and in French, the two texts being equally authentic, in a single copy, which shall be deposited in the archives of the Government of the Netherlands and of which a certified copy shall be furnished, by the way Diplomatic, to each of the States represented at the Tenth Session of the Hague Conference on Private International Law.

(Suivent signatures)

Annex to the Convention

Application and certification forms

Application for the purpose of service or notification abroad of a judicial or extra-judicial act

Convention on the Service and Notification Abroad of Judicial and Extrajudicial Acts in Civil or Commercial Matters, signed at The Hague, 15 November 1965

Identity and address of applicant

Recipient Authority Address

The undersigned applicant has the honour to send-in duplicate-to the receiving authority the documents listed below, by requesting it, in accordance with Art. 5 of the aforementioned Convention, to have a copy thereof delivered without delay to the addressee, namely:

(identity and address)

(a)
According to legal forms (art. 5, para. 1, let. (a) 1 .
(b)
According to the following particular form (art. 5, para. 1, let. (b) 6 :
(c)
Where applicable, by simple surrender (art. 5, para. 2) 6 .

This authority shall be requested to refer or cause to be sent to the applicant a copy of the act and its annexes * -with the certificate on the back.

Parts Enumeration

Done at ........................................, the ....................

Signature/stamp

Request Verso

Certification

The undersigned authority has the honour to certify in accordance with s. 6 of the said Convention,

1.

The request has been executed 2

-

On (date)

-

To (location, street, number)

-

In one of the following forms provided for in s. 5:

(a)

According to legal forms (art. 5, para. 1, let. (a) 7 .

(b)

According to the following particular shape 7 :

(c)

By simple discount 7 .

The documents referred to in the application were given to:

-

(identity and quality of person)

-

Relationship, subordination or other relationship with the addressee of the act:

2.

The request was not executed due to the following facts 7 :

In accordance with Art. 12, para. 2, of the said Convention, the applicant is requested to pay or reimburse the costs, the details of which are contained in the attached 7 .

Annexes

Returned parts:

Where applicable, the supporting documents of the execution:

Done at .................................., the .........................

Signature/stamp

Essential elements of the act

Convention on the Service and Notification Abroad of Judicial and Extrajudicial Acts in Civil or Commercial Matters, signed at The Hague, 15 November 1965

(art. 5, para. 4)

Name and address of applicant authority:

Identity of parties 3 :

Judicial Act 4

Nature and purpose of the act:

The nature and purpose of the proceedings, if any, of the amount of the dispute:

Date and place of appearance 9 :

Jurisdiction that rendered the decision 9 :

Decision Date 9 :

Indication of the time limits contained in the act 9 :

Extra-judicial Act 9

Nature and purpose of the act:

Indication of the time limits contained in the act 9 :


1 Rayer unnecessary mentions.
2 Rayer unnecessary mentions.
3 Where applicable, the identity and address of the person concerned with the transmission of the act.
4 Rayer unnecessary mentions.


Status on February 20, 2014

Scope of application on 20 February 2014 2

States Parties

Ratification Accession (A) Succession (S)

Entry into force

Albania *

1 Er November

2006 A

1 Er July

2007

Germany *

April 27

1979

26 June

1979

Antigua and Barbuda *

17 May

1985 S

1 Er November

1981

Argentina *

2 February

2001 A

1 Er December

2001

Armenia

27 June

2012 A

1 Er February

2013

Australia *

15 March

2010 A

1 Er November

2010

Christmas Island

August 12

2010

1 Er November

2010

Norfolk Island

August 12

2010

1 Er November

2010

Ashmore and Cartier Islands

August 12

2010

1 Er November

2010

Cocos Islands

August 12

2010

1 Er November

2010

Australian Antarctic Territory

August 12

2010

1 Er November

2010

Territory of Heard Island and the Mc Donald Islands

August 12

2010

1 Er November

2010

Territory of the Coral Sea Islands

August 12

2010

1 Er November

2010

Bahamas *

17 June

1997 A

1 Er February

1998

Barbados *

27 September

1969 A

1 Er October

1969

Belarus *

6 June

1997 A

1 Er February

1998

Belgium *

19 November

1970

January 18

1971

Belize

8 September

2009 A

1 Er May

2010

Bosnia and Herzegovina *

June 16

2008 A

1 Er February

2009

Botswana *

August 28

1969 A

1 Er September

1969

Bulgaria *

23 November

1999 A

1 Er August

2000

Canada *

10 April

1989 A

1 Er May

1989

China *

6 May

1991 A

1 Er January

1992

Hong Kong * A

June 16

1997

1 Er July

1997

Macao * B

10 December

1999

20 December

1999

Cyprus *

15 May

1983 A

1 Er June

1983

Colombia *

10 April

2013 A

1 Er November

2013

Korea (South) *

13 January

2000 A

1 Er August

2000

Croatia *

28 February

2006 A

1 Er November

2006

Denmark *

2 August

1969

1 Er October

1969

Egypt *

12 December

1968

10 February

1969

Spain * **

4 June

1987

August 3

1987

Estonia *

2 February

1996 A

1 Er October

1996

United States *

August 24

1967

10 February

1969

Commonwealth of the Northern Mariana Islands

March 31

1994

30 May

1994

Finland *

11 September

1969

10 November

1969

France *

3 July

1972

1 Er September

1972

Greece *

July 20

1983

18 September

1983

Hungary *

July 13

2004 A

1 Er April

2005

India *

23 November

2006 A

1 Er August

2007

Ireland *

5 April

1994

4 June

1994

Iceland *

10 November

2008 A

1 Er July

2009

Israel *

August 14

1972

13 October

1972

Italy *

25 November

1981

24 January

1982

Japan *

28 May

1970

27 July

1970

Kuwait *

8 May

2002 A

1 Er December

2002

Latvia *

28 March

1995 A

1 Er November

1995

Lithuania *

2 August

2000 A

1 Er June

2001

Luxembourg *

July 9

1975

7 September

1975

Macedonia *

December 23

2008 A

1 Er September

2009

Malawi

25 November

1972 A

1 Er December

1972

Malta * C

24 February

2011 A

Morocco *

24 March

2011 A

1 Er November

2011

Mexico *

30 May

2000 A

1 Er June

2000

Moldova *

4 July

2012 A

1 Er February

2013

Monaco *

1 Er March

2007 A

1 Er November

2007

Montenegro *

16 January

2012 A

1 Er September

2012

Norway *

2 August

1969

1 Er October

1969

Pakistan *

July 6

1989 A

1 Er August

1989

Netherlands *

3 November

1975

2 January

1976

Aruba *

28 May

1986

27 July

1986

Poland *

13 February

1996 A

1 Er September

1996

Portugal *

27 December

1973

25 February

1974

Czech Republic *

28 January

1993 S

1 Er January

1993

Romania *

August 21

2003 A

1 Er April

2004

United Kingdom *

17 November

1967

10 February

1969

Jersey, Guernsey,

Isle of Man, Bermuda,

British Virgin Islands,

Cayman Islands, Falkland Islands,

Gibraltar, Montserrat,

Pitcairn Islands, St Helena,

Turks and Caicos Islands

20 May

1970

19 July

1970

Anguilla

July 30

1982

28 September

1982

Russia *

1 Er May

2001 A

1 Er December

2001

San Marino *

15 April

2002 A

1 Er November

2002

Saint Vincent and the Grenadines *

6 January

2005 S

27 October

1979

Serbia *

July 2

2010 A

1 Er February

2011

Seychelles *

18 June

1981 A

1 Er July

1981

Slovakia *

April 26

1993 S

1 Er January

1993

Slovenia *

18 September

2000 A

1 Er June

2001

Sri Lanka *

August 30

2000 A

1 Er June

2001

Sweden *

2 August

1969

1 Er October

1969

Switzerland *

2 November

1994

1 Er January

1995

Turkey *

28 February

1972

28 April

1972

Ukraine *

1 Er February

2001 A

1 Er December

2001

Venezuela *

29 October

1993 A

1 Er July

1994

*

Reservations and declarations.

**

Objection.

Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.

A

Until 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. Under the Sino-British Declaration of Dec. 1984, the agreements that were applicable to Hong Kong prior to its handover to the People's Republic of China remain applicable to the SAR.

B

From 11 Feb 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 13 April 1987, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

C

The 1 Er August 2012 Malta has stated that its accession to the Convention will only be effective after the completion of the EU accession procedures and, in particular, the adoption of a Council decision authorising Malta to accede to the Convention. Convention. When this decision has been adopted, Malta shall notify the depositary of the date on which the said Convention will apply to Malta.

Reservations and declarations

Switzerland 3

1. Ad. 1

Referring to art. 1, Switzerland considers that the Convention applies exclusively between the Contracting States. In particular, it considers that acts of which the actual addressee is domiciled abroad cannot be notified or served on a legal entity not authorized to receive them in the country in which they were established without derogating in particular Art. 1 and 15, para. 1, let. B, of the Convention.

2. Ad art. 2 and 18

In accordance with Art. 21, para. 1, let. A, Switzerland designates the cantonal authorities listed below as central authorities within the meaning of Art. 2 and 18 of the Convention. Requests for service or notification of acts may also be addressed to the Federal Department of Justice and Police in Bern, which will forward them to the competent central authorities.

3. Ad Art. 5, para. 3

Switzerland declares that when the addressee does not voluntarily accept the surrender of the act, he may not be served or notified formally, in accordance with art. 5, para. 1, if it is written in the language of the requested authority, that is, in the German, French or Italian language, or accompanied by a translation into one of those languages, according to the region of Switzerland in which the act is to be served or Notified (cf. List of Swiss authorities below).

4. Ad art. 6

For the establishment of the certificate under s. 6, Switzerland, in accordance with Art. 21, para. 1, let. B, designate the competent cantonal court or the cantonal central authority.

5. Ad art. 8 and 10

In accordance with Art. 21, para. 2, letter a, Switzerland declares its opposition to the use, in its territory, of the means of transmission provided for in art. 8 and 10.

6. Ad art. 9

In accordance with Art. 21, para. 1, let. C, Switzerland designates the cantonal central authorities as competent authorities to receive the acts transmitted by the consular channel according to Art. 9 of the Convention.

List of Swiss authorities 4

(a) Cantonal central authorities

An updated list of the cantonal central authorities with their contact details can be found online at: www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html

(b) Federal Authorities

Federal Department of Justice and Police, DFJP, Federal Office of Justice, 3003 Berne


RO 1994 2809, 1995 934; FF 1993 III 1185


1 Art. 1 al. 1 of June 9, 1994 (RO) 1994 2807)
2 RO 1995 934, 2003 733, 2006 2117, 2009 3639, 2011 2291, 2014 397, 581. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 3 of the AF of 9 June 1994 (RO 1994 2807)
4 The list has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).


Status on February 20, 2014