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Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 20 CELEX: 32023R2844 Amendments to Regulation (EC) No 861/2007
Regulation (EC) No 861/2007 is amended as follows: (1) in Article 4, paragraph 1 is replaced by the following: ‘1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents. Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ().’;"
(2) in Article 13 (1), point (a), is replaced by the following: ‘(a) by postal service;’; |
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 20 CELEX: 32023R2844 (3) in Article 13 (1), point (b) is replaced by the following: ‘(b) by electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council; or Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) ().’;"
(4) in Article 13 (1), the following point is added: ‘(c) through the European electronic access point established under Article 4(1) of Regulation (EU) 2023/2844, provided that the addressee gave prior express consent to the use of this means for service of documents in the course of the European Small Claims Procedure concerned.’; |
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 20 CELEX: 32023R2844 (5) in Article 13, paragraph 2 is replaced by the following: ‘2. All communication not referred to in paragraph 1 between the court or tribunal and the parties or other persons involved in the proceedings shall be carried out either by: (a) electronic means attested by an acknowledgment of receipt, where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure concerned is conducted, provided that the party or person concerned has accepted in advance such means of communication or is, in accordance with the procedural rules of the Member State in which that party or person is domiciled or habitually resident, under a legal obligation to accept such means of communication; or (b) the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’ ; |
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation article 20 CELEX: 32023R2844 (6) in Article 15a, paragraph 2 is replaced by the following: ‘2. The Member States shall ensure that the parties can make electronic payments of court fees by means of distance payment methods which allow the parties to make the payment also from a Member State other than the Member State in which the court or tribunal is situated, in accordance with Article 9 of Regulation (EU) 2023/2844.’ . |