Spanish Reference for a Preliminary Ruling on the Service Regulation


The Spanish Juzgado de Primera Instancia e Instrucción (Court of First Instance and Preliminary Investigations) No 5 of San Javier has referred the following questions to the European Court of Justice for a preliminary ruling on the interpretation of Reg. (EC) No 1348/2000 (Service Regulation):

  1. Does the scope of Regulation (EC) No 1348/2000 extend to the service of extrajudicial documents exclusively by and on private persons using the physical and personal resources of the courts and tribunals of the European Union and the regulatory framework of European law even when no court proceedings have been commenced? Or,
  2. Does Regulation (EC) No 1348/2000 on the contrary apply exclusively in the context of judicial cooperation between Member States and court proceedings in progress (Articles 61(c), 67(1) and 65 EC and recital 6 of the preamble to Regulation 1348/2000)?

The case, lodged on 14 January 2008, is pending under C-14/08 (Roda Golf & Beach Resort SL). The referred questions have been published in the OJ n. C 92 of 12 April 2008.