Tag: Council of the European Union

Conclusion of the Hague Service Convention: Exclusive Competence of the EU?

hcch logoLast month, we reported in Pietro Franzina’s guest post that the Council of the European Union was expected to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, “in the interest of the Union”. From a German or European perspective, this will have no practical effect, as European parties would not need to rely on the Hague Service Convention in any proceedings involving Austrian or Maltese parties, given the European Union’s Service Regulation. The decision, however, raises a wider issue, namely of the scope of the exclusive external competence of the European Union in such matters.  Read More