Aviso n.º 46/93, de 26 de Fevereiro de 1993
Aviso n.° 46/93 Por ordem superior se torna público que, por nota de 30 de Dezembro de 1992 e nos termos do artigo 31.° da Convenção Relativa à Citação e à Notificação no Estrangeiro dos Actos Judiciais e Extrajudiciais em Matéria Civil ou Comercial, concluída na Haia em 15 de Novembro de 1965, o Ministério dos Negócios Estrangeiros do Reino dos Países Baixos notificou ter o Governo da Alemanha, nos termos do artigo 21.°, parágrafo 2.°, alínea b), da Convenção, informado, por nota de 19 de Novembro de 1992, do seguinte: 1 - Notwithstanding the provisions of the first paragraph of article 15, a German judge may give judgement even if no certificate of service or delivery has been received, if all the following conditions are fulfilled: The document was transmitted by one of the methods provided for in this Convention; A period of time of not less than six months considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; No certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed; 2 - An application for relief in accordance with article 16 wil not be entertained if it is filed after the expiration of one year following the termination of the time-limit which has not been observed.
Tradução: 1 - Não obstante as disposições do primeiro parágrafo do artigo 15.°, um juiz alemão pode decidir mesmo que nenhuma certidão de notificação, de citação...
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