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Regulation (EC) No 1896/2006 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure

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Article 14Service without proof of receipt by the defendant

1.The European order for payment may also be served on the defendant in accordance with the national law of the State in which service is to be effected, by one of the following methods:

(a)personal service at the defendant's personal address on persons who are living in the same household as the defendant or are employed there;

(b)in the case of a self-employed defendant or a legal person, personal service at the defendant's business premises on persons who are employed by the defendant;

(c)deposit of the order in the defendant's mailbox;

(d)deposit of the order at a post office or with competent public authorities and the placing in the defendant's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;

(e)postal service without proof pursuant to paragraph 3 where the defendant has his address in the Member State of origin;

(f)electronic means attested by an automatic confirmation of delivery, provided that the defendant has expressly accepted this method of service in advance.

2.For the purposes of this Regulation, service under paragraph 1 is not admissible if the defendant's address is not known with certainty.

3.Service pursuant to paragraph 1(a), (b), (c) and (d) shall be attested by:

(a)a document signed by the competent person who effected the service, indicating:

(i)

the method of service used;

and

(ii)

the date of service;

and

(iii)

where the order has been served on a person other than the defendant, the name of that person and his relation to the defendant;

or

(b)an acknowledgement of receipt by the person served, for the purposes of paragraphs (1)(a) and (b).

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