On the application of Art. 19.2 Service Regulation
In a recent ruling, the Supreme Court of Greece dismissed a cassation against an appellate decision, confirming the findings of the first instance ruling, which issued a default judgment against an Italian company, following the return of a non-service certificate by an Italian bailiff. The interesting part of the judgment is related to the application of Art. 19.2 Service Regulation. The questions raised are twofold:
First, the extent of efforts to be made by the Receiving Authority, before deciding to return the document to the Transmitting Authority.
Second, the presumption of the Greek Supreme Court that failure of the defendant to notify his change of abode, allows a court to continue with the proceedings, even when the change occurred before lis pendens.
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