Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters:artikel 15

Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters

Article 15

Geldend

Documentgegevens:

Geldend vanaf 10-02-1969

Bronpublicatie:: 15-11-1965, Trb. 1966, 91 (uitgifte: 10-02-1966, kamerstukken/regelingnummer: -)
Inwerkingtreding: 10-02-1969
Bronpublicatie inwerkingtreding:: 08-04-1969, Trb. 1969, 55 (uitgifte: 08-04-1969, kamerstukken/regelingnummer: -)
Vakgebied(en): Burgerlijk procesrecht / Beslag en executie
Internationaal privaatrecht / Internationaal erkennings- en executierecht

1.

Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and the defendant has not appeared, judgment shall not be given until it is established that -

(a): the document was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons who are within its territory, or
(b): the document was actually delivered to the defendant or to his residence by another method provided for by this Convention,

and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend.

2.

Each contracting State shall be free to declare that the judge, notwithstanding the provisions of the first paragraph of this article, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled -

(a): the document was transmitted by one of the methods provided for in this Convention,
(b): a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document,
(c): no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

3.

Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of urgency, any provisional or protective measures.