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Each Contracting State may, if exceptional scenarios so need, utilize diplomatic channels for the same function. Post 10 Provided the State of destination does not object, the present Convention will not interfere with - a) the freedom to send judicial documents, by postal channels, straight to individuals abroad, b) the freedom of judicial officers, officials or other skilled individuals of the State of origin to effect service of judicial files straight through the judicial officers, authorities or other proficient individuals of the State of destination, c) the freedom of anyone thinking about a judicial case to impact service of judicial files directly through the judicial officers, officials or other proficient persons of the State of location.
GSA SER project building guidesPost 12 The service of judicial files coming from a Contracting State shall not generate any payment or repayment of taxes or expenses for the services rendered by the State addressed. The applicant shall pay or reimburse the costs occasioned by-- a) the work of a judicial officer or of a person qualified under the law of the State of destination, b) using a specific method of service.
It might not refuse to comply exclusively on the ground that, under its internal law, it declares exclusive jurisdiction over the subject-matter of the action or that its internal law would not permit the action upon which the application is based. The Central Authority shall, in case of refusal, quickly inform the applicant and state the reasons for the rejection.
Short article 15 Where a writ of summons or an equivalent document needed to be transferred abroad for the purpose of service, under the provisions of the present Convention, and the defendant has not appeared, judgment shall not be given till it is established that - a) the document was served by a method prescribed by the internal law of the State addressed for the service of files in domestic actions upon persons who are within its territory, or b) the file was actually delivered to the offender or to his residence by another method attended to by this Convention, and that in either of these cases the service or the shipment was effected in sufficient time to enable the defendant to defend.
