In November 2024, the new regime for the electronic summons and notification on natural and legal persons in civil, insolvency, labour and administrative court proceedings came into force. The new rules apply from 14 January 2025, with the exception of the rules on notifications and communications made by enforcement agents and court administrators, which only take effect on 30 March 2026.
1. Legal persons
1.1 Rule: Electronic summons and notification through a Reserved digital area
• The summons and notification of legal persons in judicial proceedings will now be carried out electronically through a reserved digital area with free access.
• Registration in the Reserved digital area must be carried out in the Public Electronic Notification System and involves associating an email address, which becomes the single digital address equivalent to the registered office.
• Access to the Reserved digital area for legal persons is made by whoever has the business attribute, as the company's representative, or whoever has the capacity and powers of a certified proxy.
1.2 How electronic summons is carried out
• The electronic summons is made available in the Reserved digital area, and a notice is sent to the associated email address informing it of this provision.
• The summons is deemed to have been made on the date on which it is consulted electronically in the Reserved digital area.
• If the summons has not been consulted by the 8th day after it was made available in the Reserved digital area, it is considered to have been made on that same date, and a new notice is sent by courier to the address of the legal person's registered office, informing it that the summons is available for consultation in the Reserved digital area.
• If the legal person consults the summons electronically in the Reserved digital area within 30 days of the date on which the summons is deemed to have been made, it will be entitled to an extension of its defence deadline, which will only begin to run from the date of the actual electronic consultation.
• If the summons has not been consulted in the Reserved digital area by the 30th day after it has been made available, the summons will be deemed to have been returned and will be made through an enforcement agent.
1.3 Failure to associate an email address
• Legal persons who do not associate an email address to their Reserved digital area will be summoned by courier, with a single letter being sent which, if not received, is deposited in the mailbox. In this case, a court fee will be payable for each postal summons sent, which currently amounts to € 51.00.
• Summons is deemed to have been made on the date the letter is deposited, as certified by the postal service distributor, or, if a notice has been left, on the 8th day after that date.
1.4 Notifications in legal proceedings
• Notifications to parties who do not have a legal representative will be made electronically, by making them available in the Reserved digital area and by sending an e-mail notice to the recipient, when they have registered in the Reserved digital area. Otherwise, notifications will be made by courier.
• Notification is deemed to have taken place on the 3rd day after it was sent to the Reserved digital area or after the registry of the letter. When the 3rd day is not a working day, notification is deemed to have taken place on the 1st working day after that.
2. Natural persons
2.1 Summons in legal proceedings
• Natural persons can also be summoned electronically, but this option is presented as an alternative to courier summons, which is still the rule.
• Natural persons also receive a notice at the associated email address when the summons is made available in the Reserved digital area and a courier notice if there is no electronic consultation within 8 days of it being made available.
• The summons is not considered to have been made on the 8th day after it is made available in the Reserved digital area, contrary to the what happens with legal persons, and if the summons is not consulted within 30 days of it being made available, the summons is considered to have been returned and will be made through an enforcement agent.
• The Reserved digital area is accessed by the person who made the corresponding registration or by a representative who has been given powers to consult the summons and notifications in the Reserved digital area.
2.2 Notifications in legal proceedings
• Notifications to parties who do not have a legal representative will be made electronically, by making them available in the Reserved digital area and by sending an e-mail notice to the recipient, when the natural person has opted to receive electronic communications in legal proceedings. Otherwise, notifications will be sent by courier.
• Notifications are deemed to have been made on the same date as for legal persons.
