In the European communities

Plumex v Young Sports NV ECJ KC-473/04; TLR 22 February

Articles 4–11 of Council Regulation (EC) No 1348/2000 of 29 May 2000 provide that service in Member States of judicial and extra-judicial documents in civil or commercial matters may be by transmission through agencies, while article 14 provides for service through diplomatic channels, by post and by direct service. There is no hierarchy between the two methods and consequently it is possible to serve in another EC Member State a judicial document such as a judgment by one or other or both of those methods. Where both methods of service have been used, in determining the point in time from which time started to run for the purposes of a procedural time limit linked to effecting service, reference is to be made to the date of the first service validly effected. Accordingly where Plumex, a Portuguese company, had been served with proceedings in Portugal by post and, later, through the agencies, the relevant date for calculating the period of time for an appeal in Portugal ran from the date of service in Portugal by post.