The Validity of Postal Notification in Europe: Commentary on Ordinance No. 10189 of 2024

Recently, the Court of Cassation issued ordinance No. 10189 of April 16, 2024, concerning the validity of serving judicial documents to individuals residing in European Union Member States. This measure is part of a European legal framework aimed at simplifying cross-border communications, particularly in civil and commercial matters.

Regulatory Context

The central issue of the ruling concerns the application of Article 14 of Regulation (EC) No. 1393/2007. This provision stipulates that for the validity of serving judicial and extrajudicial documents to individuals residing in other EU Member States, it is not necessary to follow the more stringent formalities provided for by Italian law. This principle is fundamental to ensuring an efficient and collaborative justice system among the various Member States.

Art. 14 of Reg. (EC) No. 1393/2007 - Observance of stricter formalities required by Italian law - Necessity - Exclusion - Basis - Factual situation. For the validity of serving or notifying judicial and extrajudicial documents in civil or commercial matters by postal services to a person residing in another EU Member State, to be carried out by registered letter with acknowledgment of receipt or equivalent means, pursuant to Article 14 of Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of November 13, 2007, different and stricter formalities provided for by Italian law for postal service need not be observed, otherwise negating the alternative option granted by said provision, inspired by mutual trust in the efficiency of Member States' postal services. (In this case, the Supreme Court confirmed the appealed judgment, which had deemed valid the service effected by post to a person residing in the Netherlands, as it was delivered to a person who, although unidentified, was found within a location attributable to the addressee).

Implications of the Ruling

The ordinance in question confirmed the validity of a postal service effected on a person residing in the Netherlands, emphasizing that delivery to an unidentified person present at the addressee's location is sufficient to consider the service valid. This aspect is crucial in an increasingly interconnected Europe, where it is essential to ensure legal certainty even in transnational contexts.

• Notifications must follow European rules rather than stricter national laws.
• Trust in the postal services of Member States underpins this regulation.
• Previous rulings confirm the trend towards simplifying notification procedures.

Conclusions

In conclusion, ordinance No. 10189 of 2024 represents a significant step forward in the regulation of cross-border notifications. It highlights the principle of reciprocity and trust among European Union Member States, promoting more accessible and less bureaucratic justice. This decision not only clarifies the methods of notification but also contributes to ensuring the respect of the rights of the parties involved, regardless of their residence.