IJA Brigade member Fanny Cornette is back with a look a Alder v. Orłowska, a new case from the European Court of Justice on fictitious service of process or notification au parquet in the European Union. Readers may recall that the case came up in the comments to Peter Bert’s piece on The Hague Service Convention, Default Judgments, and Deemed Service under German Law. We know that the Hague Service Convention is non-mandatory, and that the law of the forum determines whether a judicial document must be transmitted for service abroad. As Fanny tells us, the situation is now different in Europe, where EC Regulation 1393/2007, the regulation of service of process, is mandatory. That is, the regulation itself, and not the law of…
Tagged: European Union, Hague Service Convention, Poland