European e-Justice Portal

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.

Article 2(1) – Transmitting agencies

Office of the State Advocate

Address: Mainguard Building, St George’s Square, Valletta

Postcode: VLT1190

Tel.: (+356) 2568 3105

Fax: (+356) 2123 7281

Article 2(2) – Receiving agencies

Office of the State Advocate

Address: Mainguard Building, St George’s Square, Valletta

Postcode: VLT1190

Tel.: (356) 2568 3105

Fax: (+356) 2123 7281

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

The means they have to receive documents: The original documents together with Annex 1 to Regulation (EC) No 1393/2007 and bank receipt should be sent by post. Copies may be sent in advance by fax and/or by e-mail.

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

The languages that may be used to complete the standard form are English and Maltese.

Article 3 – Central body

Office of the State Advocate

Mainguard Building

St. George’s Square

Valletta VLT1190

Tel.: (+356) 2568 3105

Fax: (+356) 21237 7281

Geographical areas of jurisdiction: Malta and Gozo

Means available for receipt and communication, and language skills: English

Article 4 – Transmission of documents

English

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

Malta intends to derogate from Article 9(2) as this is not in line with procedural law in Malta.

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

English

Article 11 – Costs of service

The costs referred to in Article 11(2) of this Regulation are of a fixed fee of €50 for every document that has to be served.

This fee must be paid before service. Documents will be sent back without being processed if the notification request is not accompanied by a bank receipt after the said payment has been made. The fee is to be paid by bank transfer payable to [...] are returned without processing. Fees are to be paid by bank transfer payable to the Office of the Attorney General with the following bank account details:

Bank name: Central Bank of Malta

Account name: AG Office – Receipt of Service Documents

Account number: 40127EUR-CMG5-000-Y

IBAN: MT24MALT011000040127EURCMG5000Y

SWIFT code: MALTMTMT

Article 13 – Service by diplomatic or consular agents

Yes, we oppose.

Article 15 – Direct service

No opposition.

Article 19 – Defendant not entering an appearance

Not possible as proof of notification is required, However, if a judgment is passed against a person who has not been duly notified in advance by summons, they may, within three months from the judgment, request that the case be heard again.

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

None.

Last update: 19/03/2020

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Serving documents

FINDING COMPETENT COURTS

Article 2(1) – Transmitting agencies

Article 2(2) – Receiving agencies

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

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

Article 3 – Central body

Article 4 – Transmission of documents

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

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

Article 11 – Costs of service

Article 13 – Service by diplomatic or consular agents

Article 15 – Direct service

Article 19 – Defendant not entering an appearance

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