2009/943/EC: Council Decision of 30 November 2009 amending Decision 2006/326/EC to provide for a procedure for the implementation of Article 5(2) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters

1 For the purpose of applying Article 5(2) of the Agreement, the Commission shall assess, before taking a decision expressing the Community’s agreement, whether the international agreement envisaged by Denmark would not render the Agreement ineffective and would not undermine the proper functioning of the system established by its rules.

2 The Commission shall take a reasoned decision within 90 days of being informed by Denmark of Denmark’s intention to enter into the international agreement in question. If the international agreement in question meets the conditions referred to in paragraph 1, the decision by the Commission shall express the Community’s agreement within the meaning of Article 5(2) of the Agreement.

The Commission shall inform the Member States of the international agreements which Denmark has been authorised to conclude in accordance with Article 1a.’