Kihagyás

Service of foreign document

During the service of the foreign document, the Hungarian Association of Judicial Officers (hereinafter: Association) acts as receiving agencie, however, the service of the document is carried out by independent court bailiffs.

According to Government Decree 250/2004 (VIII. 27.) on the detailed procedural rules of enforcement service, the Hungarian judicial officers can serve foreign document to be served on the basis of the request for legal assistance referred to Article 74(1) of Act XXVIII of 2017 (Nmjtv.) on Private International Law, foreign document to be served based on the request for legal assistance by transmitting institution according to Article 3 of Regulation (EC) No. 2020/1784, or foreign document to be served ont he request submitted to Article 20 of Regulation (EC) No. No. 2020/1784.

On the basis of Regulation (EC) No. 2020/1784. requests for service may come directly from the foreign transmitting agency (request for legal assistance according to Article 3 of the Regulation),  or by the foreign party  (request according to Article 20 of the EU Regulation),  while in the case of an international convention, these are documents forwarded by the minister responsible for justice based on Article 74(1) of Nmjtv.

Regulation (EC) No. 2020/1784. shall apply in civil and commercial matters where a judicial or extrajudicial document has to be transmitted from one Member State to another for service there. The request for service, the documents to be served, as well as acknowledgments of receipt and other documents can be sent to the Association by any appropriate means, if the content of the received document correctly and reliably reflects the sent document and all the information in it is easy to read. As a general rule, the application according to Annex I of Regulation (EC) No. 2020/1784. must be sent to the Association in Hungarian, but the Association also accepts applications in English, German and French.

After receipt of the application based on the request for legal assistance by transmitting institution in accordance with Article 3 of the Regulation (EC), the Association sends an acknowledgment of receipt to the transmitting agency within 7 days, and informs the transmitting agencie if the application is possibly incomplete or the payment of the service fee has not been verified.

The service fee

It is also necessary to attach a certificate of payment of the service fee as an attachment to the application. The service fee is 7500 HUF which can only be paid by bank transfer to the Association’s following bank account number at MBH Bank Nyrt. If the service fee is paid in EUR, in that case it is advisable to take into account the costs arising from the conversion when entering the amount to be transferred.

Name of the account owner: Magyar Bírósági Végrehajtói Kar (Hungarian Judicial Executive Chamber)

Name of the bank keeping the account: MBH Bank Nyrt.

Code SWIFT (BIC): BUDAHUHB

Account’s IBAN: HU46 10103173-09701100-02004000

In order to be able to identify the transfer, in addition to indicating the name of the recipient please indicate in the communication of the transfer : KU2-, and the reference number of your request.

The service:

The request for service and its attachments are forwarded to the independent bailiff, who serve the document by simple service within 1 month from the date of receipt of the document by the Association. The bailiffs informs the transmetting agencie about the result of the service of the document.

You can read more detailed information about service, as well as forms related to service, on the website of the European Justice Portal, at the following address: https://e-justice.europa.eu/content_serving_documents-373-hu.do

 

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