BWBV0005381
Geldig vanaf 29-03-1998
Artikel 32
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. (a) The German courts or authorities may request a liaison agency established or designated by each of the sending States to ensure service of documents arising in non-criminal proceedings upon members of a force, of a civilian component, or on dependents.
(b) Receipt of an application submitted by a German court or authority for service shall be acknowledged by the liaison agency without delay. Service shall be effective when the document to be served is delivered to the addressee by his unit commander or by a representative of the liaison agency. Notification in writing that service has been effected shall be given without delay to the German court or authority.
(c) (i) Where service cannot be effected, the liaison agency shall notify the German court or authority in writing of the reasons therefor and, if possible, of the date on which service can be effected. Service shall be deemed to have been effected, if, upon the expiry of a period of twenty-one days from the date of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with sub-paragraph b) of this paragraph nor any communication stating that it has not been possible to effect service.
(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days that it has not been possible to effect service.
(iibis) If the person to be served has permanently left the Federal Republic, the liaison agency shall notify the German court or authority immediately of this fact and, taking into account the provisions of paragraph 3 of Article 3 of the present Agreement, shall render the German court or authority all assistance in its power.
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the German court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
(i) Where service cannot be effected, the liaison agency shall notify the German court or authority in writing of the reasons therefor and, if possible, of the date on which service can be effected. Service shall be deemed to have been effected, if, upon the expiry of a period of twenty-one days from the date of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with sub-paragraph b) of this paragraph nor any communication stating that it has not been possible to effect service.
(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days that it has not been possible to effect service.
(iibis) If the person to be served has permanently left the Federal Republic, the liaison agency shall notify the German court or authority immediately of this fact and, taking into account the provisions of paragraph 3 of Article 3 of the present Agreement, shall render the German court or authority all assistance in its power.
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the German court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
2. When a German process server (deutscher Zusteller) serves directly a plaint or other document or court order initiating non-criminal proceedings before a German court or authority, the German court or authority shall so notify the liaison agency in writing prior to or immediately upon the service of process. The contents of the written notification shall be in accordance with Section 205 of the Code of Civil Procedure (Zivilprozessordnung) and, in case of dependents, to the extent permitted by law.
3. Where a German court or authority serves a judgement or a document in appellate proceedings (Rechtsmittelschrift), the liaison agency shall, upon special or general request of the sending State concerned, be notified thereof immediately to the extent permitted by law except where the liaison agency itself is requested to effect such service, or where the addressee or another party to the proceedings objects. The German court or authority shall inform the liaison agency of any objection.
(b) Receipt of an application submitted by a German court or authority for service shall be acknowledged by the liaison agency without delay. Service shall be effective when the document to be served is delivered to the addressee by his unit commander or by a representative of the liaison agency. Notification in writing that service has been effected shall be given without delay to the German court or authority.
(c) (i) Where service cannot be effected, the liaison agency shall notify the German court or authority in writing of the reasons therefor and, if possible, of the date on which service can be effected. Service shall be deemed to have been effected, if, upon the expiry of a period of twenty-one days from the date of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with sub-paragraph b) of this paragraph nor any communication stating that it has not been possible to effect service.
(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days that it has not been possible to effect service.
(iibis) If the person to be served has permanently left the Federal Republic, the liaison agency shall notify the German court or authority immediately of this fact and, taking into account the provisions of paragraph 3 of Article 3 of the present Agreement, shall render the German court or authority all assistance in its power.
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the German court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
(i) Where service cannot be effected, the liaison agency shall notify the German court or authority in writing of the reasons therefor and, if possible, of the date on which service can be effected. Service shall be deemed to have been effected, if, upon the expiry of a period of twenty-one days from the date of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with sub-paragraph b) of this paragraph nor any communication stating that it has not been possible to effect service.
(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days that it has not been possible to effect service.
(iibis) If the person to be served has permanently left the Federal Republic, the liaison agency shall notify the German court or authority immediately of this fact and, taking into account the provisions of paragraph 3 of Article 3 of the present Agreement, shall render the German court or authority all assistance in its power.
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the German court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
2. When a German process server (deutscher Zusteller) serves directly a plaint or other document or court order initiating non-criminal proceedings before a German court or authority, the German court or authority shall so notify the liaison agency in writing prior to or immediately upon the service of process. The contents of the written notification shall be in accordance with Section 205 of the Code of Civil Procedure (Zivilprozessordnung) and, in case of dependents, to the extent permitted by law.
3. Where a German court or authority serves a judgement or a document in appellate proceedings (Rechtsmittelschrift), the liaison agency shall, upon special or general request of the sending State concerned, be notified thereof immediately to the extent permitted by law except where the liaison agency itself is requested to effect such service, or where the addressee or another party to the proceedings objects. The German court or authority shall inform the liaison agency of any objection.
- Citeren als
- Art. 32
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl