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Question Réponse / Reply État / State 3 Central Authority 3.1. Admin. info 3.2. used Languages 3.3. Statis. info 4 Case-law and reference works 5 Handbook / HccH-website 5.1. Info re forw. Auth., princ. / altern. modes of transm. and methods for exec. of requests for service to be put on HccH-website? Yes, Hungary intends to accede to the Hague Service Convention. As Hungarian people and legal persons have developed connections with States overseas (US, Canada, Australia, Japan) we need a treaty that could serve as a basis for cooperation with these States. Another argument which urges the accession is that we will accede to the 1988 Lugano Convention which in Art 20 refers to the 1965 Hague Convention. The preparatory work for the accession is on the way. The accession is expected for the spring of 2004. Results from the study by the Attorney General’s Chambers of Malaysia from the legal perspective thus far have been positive. Malaysia may be able to accede to this Convention in view of the existing infrastructure in place in the local legislations, namely within the Rules of the High Court 1980 which governs the civil court procedures. Nevertheless, amendments may be necessary to streamline the provisions in our legislation to accord with the provisions of the 1965 Convention. NZ does envisage working towards ratifying the Service Convention, as other priorities allow. This is because of the likely benefits of the Convention given the increasing incidence of cross-border litigation. The question whether Swaziland envisages becoming a Party cannot be answered as yet since the country is currently in the election process thus without a cabinet. Oui / Yes II. / Administrative Information and updates See the full replies to the Questionnaire on the Conference’s website And the updated information provided in the Full status report of the Service Convention Voir les réponses complètes au Questionnaire qui figurent sur le site Internet de la Conférence Ainsi que l’information mise à jour reproduite dans l’Etat complet de la Convention Notification See the full replies on the Conference’s website Voir les réponses complètes sur le site Internet de la Conférence Canada : [F] Québec : Nous serions favorables à ce que les informations suivantes apparaissent sur le site : […] les méthodes acceptées de paiement, les exigences de traduction, etc. pour chaque État partie à la Convention. Il pourrait être également envisagé d’inclure une référence aux dispositions législatives pertinentes pour chaque État partie à la Convention. Nouveau-Brunswick : À ma connaissance, nous n'utilisons pas le Guide. Alberta : Je consulte fréquemment la partie II de l'ancien Guide […] / [E] Québec: We would be in favour of the following information appearing on the Website of the Hague Conference and being regularly updated: […] the costs payable and accepted methods of payment, translation requirements etc. for each State Party to the Convention. Consideration could also be given to including a reference to the relevant legislative provisions of each State Party to the Convention. New Brunswick: To my knowledge, we do not use the Handbook. Alberta: I refer to Part Two of the former Handbook frequently […]. Chine (Hongkong) : It would be useful if the Hague Conference may maintain a website containing the updated version of the Handbook, practical and useful information regarding the Convention, as well as the practices and contacts in individual Contracting Parties. To be useful, the website needs to be updated regularly. Hong Kong supports such an initiative. The website should contain the details of the Central and other Authorities of each Contracting Party (including the name and contact details of a person who may serve as a contact point), the Hongrie Malaisie Nouvelle-Zélande Swaziland Canada, Chine, Chine (Hongkong), Chine (Macao), Espagne, Finlande, France, Japon, Koweït, Lituanie, Luxembourg, Norvège, Pays-Bas, Portugal, Rép. Slovaque, Suède Page 4 of 69
Question Réponse / Reply État / State relevant declarations that have been made by Contracting Parties pursuant to Art. 21 of the Convention, and citations of the relevant domestic legislation governing service under the Convention for each Contracting Party. Hyperlinks to the relevant websites should be included wherever possible. Espagne : […] outstanding judicial decisions with practical implications to the application of the Convention; use and frequency of the alternative methods of transmission. It is also of the utmost importance to include precise information of the Central Authorities, specially in those countries that have chosen to establish several decentralized authorities. France : Pourraient être notamment publiées sur le site de la Conférence, les coordonnées complètes des autorités centrales (postales, téléphoniques, télécopie, et adresses électroniques), une énumération des autorités ou personnes compétentes dans chaque État, habilitées à saisir une autorité centrale à l’effet de faire signifier ou notifier des actes. Lituanie : […] In the view of the Ministry of Justice of the Republic of Lithuania, it is very important that the web site of the Permanent Bureau would expressly provide information submitted by the States Parties to the Convention, about the Central Authorities, receiving requests for service of documents from foreign authorities, with all their requisites, particularly in cases where a state designates [several] Central Authorities, i.e. the criteria according to which a request for service should be forwarded to one or another Central Authorities designated by the state. Norvège : However, we welcome the proposal that the information in the second and the third parts of the former Handbook is made available at the Hague Conference´s website. In our view it is also important that the addresses of the Central Authorities are correct and updated. Pays-Bas : Practitioners need information via the Internet. This site should provide as much relevant information as possible including the contact information that was contained in the old Handbook, supplemented by telephone and fax numbers, e-mail addresses and information on who is/are authorised to submit a request (Art. 3(1) the Convention). Rép. Slovaque : In view of the financial repercussions of the regular updating of such information, there could be an alternative solution to the update problem. Since most (maybe even all) States Party (Central authorities) have their own websites (in one form or another), there could be an agreement to have the updated information available on THEIR individual websites (in English and/or French) and the Hague website would only provide links to the updates. It is always easier to do such a decentralised updates from financial point of view. The [HccH] is considering placing additional information for each State party on its website. This could, however, involve a heightened degree of labour for each State party in keeping information current. From our point of view, it would seem prudent to make such information more easily accessible via the Internet, which up to now could only be found separately in different places of the Handbook. In doing so, care should be taken to only include information which is not likely to be subject to any sudden changes, in order to keep the necessity of updating Member States’ information at a minimum. In so far as information is sought concerning the national laws of the Member States of the European Union on the service of process, with the exception of Denmark, reference could be made to the Internet site of the European Judicial Network in civil and commercial matters (http://europa.eu.int/comm/justice_home/ejn/index_en.htm, under the topic “Service of documents”). It would be useful to practitioners to have a ready source of information as to the specific practices and limitations imposed by member states on service requests. The United States provides detailed information regarding formal service requests on the website of Process Forwarding International (PFI), the contractor that acts on behalf of the United States Central Authority in executing formal service requests. See http://www.hagueservice.net/ A link to that website from the Hague Conference website could facilitate distributing information available at that location. We believe that given the liberal approach which the United States has taken with regard to its informal channels of service, little additional information is needed concerning service within the United States beyond what is provided Allemagne Etats-Unis Page 5 of 69
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