Pursuant to Protocol No 22 to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not bound by the measures enacted by the EU in the area of freedom, security and justice, including as regards judicial cooperation in civil matters.

However, an agreement was concluded in 2005 between the European Community, as it was then, and Denmark to ensure the application in Denmark, and in respect of Denmark, of the EU rules concerning the service of judicial and extrajudicial documents in civil and commercial matters, i.e., at that time, the rules laid down in Regulation 1348/2000.

According to Article 3(2) of the 2005 agreement, whenever amendments to the latter Regulation are adopted, Denmark shall notify to the Commission of its decision whether or not to implement the content of such amendments.

This occurred when the 2000 Service Regulation was replaced by Regulation 1393/2007, and has now occurred for Regulation 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, which was adopted on 25 November 2020 (as announced on this blog by this post by Apostolos Anthimos) and is set to apply in full from 1 July 2022.

In accordance with Article 3(2) of the 2005 agreement, Denmark has by letter of 22 December 2020 notified the Commission of its decision to implement the contents of Regulation 2020/1784. In accordance with Article 3(6) of the agreement, the Danish notification creates mutual obligations between Denmark and the Community. Thus, Regulation (EU) 2020/1784 constitutes an amendment to the agreement and is considered annexed thereto.

In accordance with Article 3(4) of the agreement, the necessary administrative measures enter into force on the date of entry into force of Regulation 2020/1784.

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