Denmark to Implement the Contents of the Implementing Measures of the EU Regulation on the Service of Documents:
According to Article 4(1) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters (the ‘Agreement’), Denmark shall not take part in the adoption of opinions by the Committee referred to in Article 26 of Regulation (EU) 2020/1784 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) [corresponding to Article 18 of the previous Service Regulation]. Implementing measures adopted pursuant to Article 25 of that Regulation [Article 17 of the previous Regulation] shall not be binding upon and shall not be applicable in Denmark.
However, pursuant to Article 4(2) of the Agreement, whenever implementing measures pursuant to Regulation on the service of documents are adopted, Denmark shall notify to the Commission of its decision whether or not to implement the content of the implementing measures. Article 4(4) establishes that a Danish notification that the content of the implementing measures has been implemented in Denmark creates mutual obligations under international law between Denmark and the Community. The implementing measures will then form part of this Agreement.
By letter of 22 December 2020, Denmark notified the Commission of its decision to implement the contents of the Service Regulation. By letter of 24 August 2022, it notified the Commission of its decision to implement also the contents of Commission Implementing Regulation (EU) 2022/423, adopted on 14 March 2022, which lays down the technical specifications, measures and other requirements for the implementation of the decentralised IT system referred to in Regulation (EU) 2020/1784 of the European Parliament and of the Council. As a consequence, Commission Implementing Regulation (EU) 2022/423 forms a part of the Agreement.
Commission Implementing Regulation (EU) 2024/1570 amending Implementing Regulation (EU) 2022/423 was adopted on 4 June 2024. Denmark has by letter of 9 January 2025 notified the Commission of its decision to implement the contents of this Implementing Regulation too; it thus forms a part of the Agreement.
In accordance with Article 4(3) of the Agreement, the necessary administrative measures enter into force on the date of entry into force of Commission Implementing Regulations (EU) 2022/423 and (EU) 2024/1570, i.e. on 1 May 2025.
