Q&As

Under Article 8 of the Regulation (EC) 1393/2007, the Service Regulation, if the addressee of the documents understands English is there any other reason that a translation maybe required?

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Published on LexisPSL on 03/08/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Under Article 8 of the Regulation (EC) 1393/2007, the Service Regulation, if the addressee of the documents understands English is there any other reason that a translation maybe required?
  • Requirement for a translation
  • Status of the Service Regulation

Requirement for a translation

Recital 12 and Article 8 of Regulation (EC) 1393/2007, the Service Regulation provide that an addressee may refuse to accept the document if it is not written or accompanied by either:

  1. a language which the addressee understands, or

  2. the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected

These are the only two bases on which refusal may take place. This is further addressed in Annex II of Regulation (EC) 1393/2007, the Service Regulation, which sets out the information for the addressee about their right to refuse to accept a document and provides a form for them to complete if they refuse to accept the document. This includes a declaration which states:

‘I refuse to accept the document attached hereto because it is not written in or accompanied by a translation into either a language which I understand or the official language or one of the official languages of the place of service.’

Note that the Court of Justice in Alpha Bank Cyprus v Si Senh clarified the position in relation to the us

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