Alpha Bank Cyprus Ltd v Dau Si Senh and others

European Union – Civil and commercial matters. The Court of Justice gave a preliminary ruling, deciding that Regulation (EC) No 1393/2007 had to be interpreted as meaning that: – the receiving agency was required, in all circumstances and without it having a margin of discretion in that regard, to inform the addressee of a document of his right to refuse to accept that document, by using systematically for that purpose the standard form set out in Annex II to that regulation, and – the fact that that agency, when serving a document on its addressee, failed to enclose the standard form set out in Annex II to the Regulation, did not constitute a ground for the procedure to be declared invalid, but an omission which should be rectified in accordance with the provisions set out in that regulation.

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