Serving documents

Estonia

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Estonia

FINDING COMPETENT COURTS

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Estonia

Serving documents


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Article 2(1) – Transmitting agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(2) – Receiving agencies

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(4)(c) – Means of receipt of documents

The following means of communication are available for receiving documents: post, fax and electronic transmission channels in accordance with the conditions laid down in the Code of Civil Procedure.

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

Either Estonian or English may be used.

Article 3 – Central body

The central body is the Ministry of Justice.

Suur-Ameerika 1

10122 Tallinn

Estonia

Telephone: +372 620 8183

Fax: +372 620 8109

E-mail: central.authority@just.ee

http://www.just.ee

Article 4 – Transmission of documents

Under Articles 4(3) and 10(2) of the Regulation, standard forms completed in either Estonian or English are accepted in Estonia.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

No such particular period has been laid down in Estonian law.

Article 10 – Certificate of service and copy of the document served

Under Articles 4(3) and 10(2) of the Regulation, standard forms completed in either Estonian or English are accepted in Estonia.

Article 11 – Costs of service

Generally documents are served without charge.

If procedural documents are served through a bailiff, the fee payable for service of the documents is EUR 30, if it was possible to serve the documents on the addressee or their legal representative:

1) via the address or telecommunications data entered in the population register or via the e-mail address: personal ID code@eesti.ee;

2) at an address entered in the register of self-employed persons and legal persons maintained in Estonia or via the telecommunications data registered in the information system of that register.

In cases not mentioned above, the fee payable to a bailiff for service of procedural documents is EUR 60. If the person on whom the documents are to be served has the legal obligation to register his or her address or telecommunications data in the population register or in the register of self-employed persons and legal persons maintained in Estonia and the person has not complied with that obligation, including if the data entered in the register are out of date or incorrect for any other reason, and therefore procedural documents could not be served on the basis of those data, EUR 30 of the above-mentioned EUR 60 fee is to be paid, in line with the decision concerning the bailiff’s fee, by the person applying for professional services and EUR 30 by the person on whom the documents were to be served.

If a procedural document could not be served although the bailiff did everything necessary and reasonably possible to serve the document in accordance with the procedure provided for by law, the bailiff has the right to demand a fee of EUR 30 by issuing a decision on the bailiff’s fee and the instrument of service concerning the steps the bailiff has taken in order to serve the document.

A bailiff may not demand a fee if the bailiff has not done everything necessary and reasonably possible to serve documents in accordance with the procedure provided for by law within the period determined by a court and if it was not possible to serve the procedural documents.

Article 13 – Service by diplomatic or consular agents

In accordance with Article 13(2) of the Regulation, documents may be served through the diplomatic or consular agents of another Member State which are located in Estonia only if they are to be served on a national of the Member State from which the documents originate.

Article 15 – Direct service

In Estonia, documents may not be served in the manner laid down in Article 15 of the Regulation.

Article 19 – Defendant not entering an appearance

An Estonian court may also give a ruling on a case under the conditions laid down in Article 19(2) of the Regulation if no certificate has been received concerning the service of a procedural document on the defendant. In accordance with the third sentence of Article 19(4) of the Regulation, an application for relief may be filed with a court within one year of a ruling being given which ends the proceedings in a case.

Article 20 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 20(2)

The Agreement between Estonia and Poland on Granting Legal Assistance and Legal Relations on Civil, Labour and Criminal Matters;

The Agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania on Legal Assistance and Legal Relationships.

Last update: 15/08/2019

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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