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Question Réponse / Reply État / State
requested unless satisfied that such method is incompatible with the law of the State or the practice and procedure
of the Court.
4) If no particular method of service is requested or if the method is either incompatible with the law of the State or
the practice and procedure of the Court, the Central Authority shall direct that personal service be effected upon the
person concerned.
Such service to be effected by the delivery to and leaving with the person concerned one copy of the document to be
served and of any translation thereof.
5) The Central Authority shall direct that service under (3) or (4) above shall be effected by the Chief State Solicitor
or by some person or persons designated for that purpose by him or by the Central Authority.”
Les méthodes prévues à l’art. 5 n’ont pas changé et cette Autorité Centrale n’envisage aucune modification. Italie
Art. 5(1)(a): The Minister for Foreign Affairs designated as the Central Authority refers the document to the
competent court of justice. Service is then effected either by post (special postal service, Art. 66 of the Mail Act; a
report of service is drawn up by the postman) or through a marshal (see practical handbook second edition).
Art. 5(1)(b): When it is so requested, a marshal will effect service by delivering the document directly to the person
after ascertaining that he/she is the addressee (see practical handbook second edition). Art. 5(2): The Minister for
Foreign Affairs refers the documents sent to it to the competent court clerk. The court clerk informs the
addressee of the documents to be served and the addressee then either presents himself/herself to the court or
requests that they be forwarded to him/her. In the latter case special postal service will be effected (Art. 66 of the
Mail Act; the postman will draw up a report of the delivery). When the person to be served refuses to accept the
documents, or fails to appear or to apply for forwarding the documents to him/her within three weeks of the date on
which he/she was informed, the documents will be returned to the applicant (see practical handbook second
edition).
Service is processed by Execution Department, which is subordinate to Ministry of Justice. Koweït
Under Art. 5(1)(a) of the Convention, methods for the service of documents to individuals as set forth in Articles
117, 118, 119, 120 of the Code of civil Procedure, are the following: The court serves procedural documents by
registered mail, through bailiffs, couriers, and in certain cases – by telecommunication terminal equipment
(Article 117 of the Code of Civil Procedure of the Republic of Lithuania); [see full reply] Under Art. 5(1)(b) of the
Convention, documents can be personally served to the addressee, who voluntarily accepts them, in the court,
through a court courier or through a bailiff.
Jusqu’en 2001 la simple remise de l’acte pouvait être effectuée par la Gendarmerie ou la Police. Depuis, dans tous
les cas, il est procédé à la notification formelle de l’acte au sens de l’article 5(1), c’est à dire à la signification de
l’acte par un huissier de justice.
The Central Authority forwards the documents to the competent district court, which, as a main rule, carries out the
task through a process-server. The methods described in the former version of the Handbook are still relevant.
Formal Service: if the documents are to be serviced in the Court District of The Hague, the Central Authority sends
them to a randomly selected bailiff, with the request to serve the documents on the person concerned. If
documents are to be served in another Court District, the Central Authority sends them to the designated Public
Prosecutor's Office/International Legal Assistance Centre (IRC) and asks for them to be served by a bailiff.
Informal delivery: this works in the same way as for formal service in terms of the authority (sent on to another
Public Prosecutor's Office/IRC or not). The explanatory memorandum to the Implementation Act states that, as a
rule, a local police officer in the Court District concerned should be deployed by the Public Prosecutor for an issue
in the Dutch language. However in practice, there is no real uniformity. Depending on where the documents are to
be served, they are sometimes served via postal channels, by the police or by a member of the "documents
service brigade". It should also be said that there is a loophole in the legislation with regard to servicing civil
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