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Er zijn meer rechtvaardigingsgronden dan de gronden die expliciet genoemd worden in het huidige artikel 36 VwEU. Dit wordt wel de Rule of reason genoemd.

Bij die zogenaamde Rule of reason wordt gekeken of er wellicht harmonisatie heeft plaatsgevonden, of de maatregel een publiek belang dient, of de maatregel evenredig is toegepast en of het geval geen willekeurige discriminatie betreft.

Het arrest zou later een belangrijke rol spelen in volmaking van de Europese interne markt. Deze rechtvaardigingsgronden mogen echter niet louter economisch zijn.

Het moet gaan om een dwingende reden van algemeen belang. Voorbeelden zijn consumentenbescherming en het milieu.

Uit Wikipedia, de vrije encyclopedie. Dit artikel gaat over het arrest Cassis de Dijon. Any person who is at least 18 years old and not a party may serve a summons and complaint.

At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court.

The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U. An individual, corporation, or association that is subject to service under Rule 4 e , f , or h has a duty to avoid unnecessary expenses of serving the summons.

The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:.

C be accompanied by a copy of the complaint, 2 copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form;.

D inform the defendant, using the form appended to this Rule 4, of the consequences of waiving and not waiving service;. F give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and.

If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant:.

B the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States.

When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.

Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:.

A delivering a copy of the summons and of the complaint to the individual personally;. B leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or.

C delivering a copy of each to an agent authorized by appointment or by law to receive service of process. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served at a place not within any judicial district of the United States:.

A as prescribed by the foreign country's law for service in that country in an action in its courts of general jurisdiction;.

B as the foreign authority directs in response to a letter rogatory or letter of request; or. C unless prohibited by the foreign country's law, by:.

A minor or an incompetent person in a judicial district of the United States must be served by following state law for serving a summons or like process on such a defendant in an action brought in the courts of general jurisdiction of the state where service is made.

A minor or an incompetent person who is not within any judicial district of the United States must be served in the manner prescribed by Rule 4 f 2 A , f 2 B , or f 3.

Unless federal law provides otherwise or the defendant's waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served:.

A in the manner prescribed by Rule 4 e 1 for serving an individual; or. B by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant; or.

To serve the United States, a party must:. A i deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or.

C if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer.

To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.

The court must allow a party a reasonable time to cure its failure to:. A serve a person required to be served under Rule 4 i 2 , if the party has served either the United States attorney or the Attorney General of the United States; or.

B serve the United States under Rule 4 i 3 , if the party has served the United States officer or employee.

A foreign state or its political subdivision, agency, or instrumentality must be served in accordance with 28 U.

A state, a municipal corporation, or any other state-created governmental organization that is subject to suit must be served by:. A delivering a copy of the summons and of the complaint to its chief executive officer; or.

B serving a copy of each in the manner prescribed by that state's law for serving a summons or like process on such a defendant. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:.

A who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located;. B who is a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than miles from where the summons was issued; or.

For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:.

A the defendant is not subject to jurisdiction in any state's courts of general jurisdiction; and. B exercising jurisdiction is consistent with the United States Constitution and laws.

Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit.

Service not within any judicial district of the United States must be proved as follows:. A if made under Rule 4 f 1 , as provided in the applicable treaty or convention; or.

B if made under Rule 4 f 2 or f 3 , by a receipt signed by the addressee, or by other evidence satisfying the court that the summons and complaint were delivered to the addressee.

Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time.

But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision m does not apply to service in a foreign country under Rule 4 f , 4 h 2 , or 4 j 1 , or to service of a notice under Rule The court may assert jurisdiction over property if authorized by a federal statute.

Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule. On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant's assets found in the district.

Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district. To name the defendant or — if the defendant is a corporation, partnership, or association — name an officer or agent authorized to receive service :.

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached.

This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver.

To avoid these expenses, you must return the signed waiver within give at least 30 days or at least 60 days if the defendant is outside any judicial district of the United States from the date shown below, which is the date this notice was sent.

Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent see the date below to answer the complaint or 90 days if this notice is sent to you outside any judicial district of the United States.

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.

I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. If I fail to do so, a default judgment will be entered against me or the entity I represent.

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint.

A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service.

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court.

By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

As amended Jan. July 1, ; Feb. July 1, ; Apr. Dec 1, Note to Subdivision a. With the provision permitting additional summons upon request of the plaintiff compare [former] Equity Rule 14 Alias Subpoena and the last sentence of [former] Equity Rule 12 Issue of Subpoena—Time for Answer.

Note to Subdivision b. This rule prescribes a form of summons which follows substantially the requirements stated in [former] Equity Rules 12 Issue of Subpoena—Time for Answer and 7 Process, Mesne and Final.

See Rule 12 a for a statement of the time within which the defendant is required to appear and defend. Note to Subdivision c.

This rule does not affect U. Note to Subdivision d. Under this rule the complaint must always be served with the summons.

Paragraph 1. For an example of a statute providing for service upon an agent of an individual see U. Paragraph 3.

This enumerates the officers and agents of a corporation or of a partnership or other unincorporated association upon whom service of process may be made, and permits service of process only upon the officers, managing or general agents, or agents authorized by appointment or by law, of the corporation, partnership or unincorporated association against which the action is brought.

See Christian v. International Ass'n of Machinists , 7 F. Order of Railway Conductors of America , 9 F. Case , 93 F. For a statute authorizing service upon a specified agent and requiring mailing to the defendant, see U.

Paragraphs 4 and 5 provide a uniform and comprehensive method of service for all actions against the United States or an officer or agency thereof.

For statutes providing for such service, see U. These and similar statutes are modified insofar as they prescribe a different method of service or dispense with the service of a summons.

Note to Subdivision e. The provisions for the service of a summons or of notice or of an order in lieu of summons contained in U.

Note to Subdivision f. This rule enlarges to some extent the present rule as to where service may be made. It does not, however, enlarge the jurisdiction of the district courts.

Note to Subdivision g. Note to Subdivision h. This rule substantially continues U. Subdivision b. Under amended subdivision e of this rule, an action may be commenced against a nonresident of the State in which the district court is held by complying with State procedures.

Frequently the form of the summons or notice required in these cases by State law differs from the Federal form of summons described in present subdivision b and exemplified in Form 1.

See also a corresponding amendment of Rule 12 a with regard to the time to answer. Subdivision d 4. This paragraph, governing service upon the United States, is amended to allow the use of certified mail as an alternative to registered mail for sending copies of the papers to the Attorney General or to a United States officer or agency.

Rule —2. See also the amendment of Rule 30 f 1. Subdivision d 7. Formerly a question was raised whether this paragraph, in the context of the rule as a whole, authorized service in original Federal actions pursuant to State statutes permitting service on a State official as a means of bringing a nonresident motorist defendant into court.

It was argued in McCoy v. Siler , F. This contention found little support. A considerable number of cases held the service to be good, either by fixing upon the service on the official within the State as the effective service, thus satisfying the wording of subdivision f as it then stood, see Holbrook v.

Cafiero , 18 F. Dalo , 17 F. Super Prods. Parkin , 20 F. See Griffin v. Ensign , F. See also Olberding v.

Illinois Central R. Bard , F. An important and growing class of State statutes base personal jurisdiction over nonresidents on the doing of acts or on other contacts within the State, and permit notice to be given the defendant outside the State without any requirement of service on a local State official.

See, e. This service, employed in original Federal actions pursuant to paragraph 7 , has also been held proper. Intercontinental de Nav. Western Hills Oil, Inc.

Rogalny , F. But cf. Sappia v. Lauro Lines , F. The salutary results of these cases are intended to be preserved. See paragraph 7 , with a clarified reference to State law, and amended subdivisions e and f.

Subdivision e. The clause added at the end of the first sentence expressly adopts the view taken by commentators that, if no manner of service is prescribed in the statute or order, the service may be made in a manner stated in Rule 4.

But see Commentary, 5 Fed. Rules Serv. Examples of the statutes to which the first sentence relates are 28 U.

The second sentence, added by amendment, expressly allows resort in original Federal actions to the procedures provided by State law for effecting service on nonresident parties as well as on domiciliaries not found within the State.

See, as illustrative, the discussion under amended subdivision d 7 of service pursuant to State nonresident motorist statutes and other comparable State statutes.

Of particular interest is the change brought about by the reference in this sentence to State procedures for commencing actions against nonresidents by attachment and the like, accompanied by notice.

Although an action commenced in a State court by attachment may be removed to the Federal court if ordinary conditions for removal are satisfied, see 28 U.

Devon Syndicate, Ltd. Wells , U. Rule 64 , which refers to attachment, garnishment, and similar procedures under State law, furnishes only provisional remedies in actions otherwise validly commenced.

See Big Vein Coal Co. Read , U. Ensign-Bickford Co. Note, 13 So. The amendment will now permit the institution of original Federal actions against nonresidents through the use of familiar State procedures by which property of these defendants is brought within the custody of the court and some appropriate service is made up them.

The necessity of satisfying subject-matter jurisdictional requirements and requirements of venue will limit the practical utilization of these methods of effecting service.

Within those limits, however, there appears to be no reason for denying plaintiffs means of commencing actions in Federal courts which are generally available in the State courts.

If the circumstances of a particular case satisfy the applicable Federal law first sentence of Rule 4 e , as amended and the applicable State law second sentence , the party seeking to make the service may proceed under the Federal or the State law, at his option.

Subdivision f. The first sentence is amended to assure the effectiveness of service outside the territorial limits of the State in all the cases in which any of the rules authorize service beyond those boundaries.

Besides the preceding provisions of Rule 4 , see Rule 71A d 3. In addition, the new second sentence of the subdivision permits effective service within a limited area outside the State in certain special situations, namely, to bring in additional parties to a counterclaim or cross-claim Rule 13 h , impleaded parties Rule 14 , and indispensable or conditionally necessary parties to a pending action Rule 19 ; and to secure compliance with an order of commitment for civil contempt.

In those situations effective service can be made at points not more than miles distant from the courthouse in which the action is commenced, or to which it is assigned or transferred for trial.

The bringing in of parties under the mile provision in the limited situations enumerated is designed to promote the objective of enabling the court to determine entire controversies.

In the light of present-day facilities for communication and travel, the territorial range of the service allowed, analogous to that which applies to the service of a subpoena under Rule 45 e 1 , can hardly work hardship on the parties summoned.

The provision will be especially useful in metropolitan areas spanning more than one State. Erie Avenue Warehouse Co. Wyer , F. Masterpiece Productions, Inc.

Public Industrials Corp. Terminal Transp. The amendment is but a moderate extension of the territorial reach of Federal process and has ample practical justification.

See 2 Moore, supra. As to the need for enlarging the territorial area in which orders of commitment for civil contempt may be served, see Graber v.

Graber , 93 F. Pine Tree Products Co. Dexter , Fed. Iowa As to the Court's power to amend subdivisions e and f as here set forth, see Mississippi Pub.

Murphree , U. Subdivision i. The continual increase of civil litigation having international elements makes it advisable to consolidate, amplify, and clarify the provisions governing service upon parties in foreign countries.

As indicated in the opening lines of new subdivision i , referring to the provisions of subdivision e , the authority for effecting foreign service must be found in a statute of the United States or a statute or rule of court of the State in which the district court is held providing in terms or upon proper interpretation for service abroad upon persons not inhabitants of or found within the State.

For examples of Federal and State statutes expressly authorizing such service, see 8 U. Several decisions have construed statutes to permit service in foreign countries, although the matter is not expressly mentioned in the statutes.

Superior Court , Cal. Fliegers , Misc. Thompson , N. Bush , S. Federal and State statutes authorizing service on nonresidents in such terms as to warrant the interpretation that service abroad is permissible include 15 U.

Under subdivisions e and i , when authority to make foreign service is found in a Federal statute or statute or rule of court of a State, it is always sufficient to carry out the service in the manner indicated therein.

Subdivision i introduces considerable further flexibility by permitting the foreign service and return thereof to be carried out in any of a number of other alternative ways that are also declared to be sufficient.

Other aspects of foreign service continue to be governed by the other provisions of Rule 4. Thus, for example, subdivision i effects no change in the form of the summons, or the issuance of separate or additional summons, or the amendment of service.

Service of process beyond the territorial limits of the United States may involve difficulties not encountered in the case of domestic service.

See Jones, supra , at For example, a person not qualified to serve process according to the law of the foreign country may find himself subject to sanctions if he attempts service therein.

The enforcement of a judgment in the foreign country in which the service was made may be embarrassed or prevented if the service did not comport with the law of that country.

See ibid. One of the purposes of subdivision i is to allow accommodation to the policies and procedures of the foreign country.

It is emphasized, however, that the attitudes of foreign countries vary considerably and that the question of recognition of United States judgments abroad is complex.

Accordingly, if enforcement is to be sought in the country of service, the foreign law should be examined before a choice is made among the methods of service allowed by subdivision i.

Subdivision i 1. Subparagraph a of paragraph 1 , permitting service by the method prescribed by the law of the foreign country for service on a person in that country in a civil action in any of its courts of general jurisdiction, provides an alternative that is likely to create least objection in the place of service and also is likely to enhance the possibilities of securing ultimate enforcement of the judgment abroad.

In certain foreign countries service in aid of litigation pending in other countries can lawfully be accomplished only upon request to the foreign court, which in turn directs the service to be made.

In many countries this has long been a customary way of accomplishing the service. Subparagraph B of paragraph 1 , referring to a letter rogatory, validates this method.

A proviso, applicable to this subparagraph and the preceding one, requires, as a safeguard, that the service made shall be reasonably calculated to give actual notice of the proceedings to the party.

See Milliken v. Meyer , U. Subparagraph C of paragraph 1 , permitting foreign service by personal delivery on individuals and corporations, partnerships, and associations, provides for a manner of service that is not only traditionally preferred, but also is most likely to lead to actual notice.

Explicit provision for this manner of service was thought desirable because a number of Federal and State statutes permitting foreign service do not specifically provide for service by personal delivery abroad, see e.

Subparagraph D of paragraph 1 , permitting service by certain types of mail, affords a manner of service that is inexpensive and expeditious, and requires a minimum of activity within the foreign country.

Several statutes specifically provide for service in a foreign country by mail, e. Zurini v. United States , F. Cardillo , F.

Kay Gyroplanes, Ltd. Since the reliability of postal service may vary from country to country, service by mail is proper only when it is addressed to the party to be served and a form of mail requiring a signed receipt is used.

An additional safeguard is provided by the requirement that the mailing be attended to be the clerk of the court. See also the provisions of paragraph 2 of this subdivision i regarding proof of service by mail.

Under the applicable law it may be necessary, when the defendant is an infant or incompetent person, to deliver the summons and complaint to a guardian, committee, or similar fiduciary.

In such a case it would be advisable to make service under subparagraph A , B , or E. Subparagraph E of paragraph 1 adds flexibility by permitting the court by order to tailor the manner of service to fit the necessities of a particular case or the peculiar requirements of the law of the country in which the service is to be made.

A similar provision appears in a number of statutes, e. The next-to-last sentence of paragraph 1 permits service under C and E to be made by any person who is not a party and is not less than 18 years of age or who is designated by court order or by the foreign court.

This alternative increases the possibility that the plaintiff will be able to find a process server who can proceed unimpeded in the foreign country; it also may improve the chances of enforcing the judgment in the country of service.

See generally Smit, supra , at — When recourse is had to subparagraph A or B the identity of the process server always will be determined by the law of the foreign country in which the service is made.

The last sentence of paragraph 1 sets forth an alternative manner for the issuance and transmission of the summons for service.

After obtaining the summons from the clerk, the plaintiff must ascertain the best manner of delivering the summons and complaint to the person, court, or officer who will make the service.

Thus the clerk is not burdened with the task of determining who is permitted to serve process under the law of a particular country or the appropriate governmental or nongovernmental channel for forwarding a letter rogatory.

Under D , however, the papers must always be posted by the clerk. Subdivision i 2. When service is made in a foreign country, paragraph 2 permits methods for proof of service in addition to those prescribed by subdivision g.

Proof of service in accordance with the law of the foreign country is permitted because foreign process servers, unaccustomed to the form or the requirement of return of service prevalent in the United States, have on occasion been unwilling to execute the affidavit required by Rule 4 g.

See Jones, supra , at ; Longley, supra , at As a corollary of the alternate manner of service in subdivision i 1 E , proof of service as directed by order of the court is permitted.

The special provision for proof of service by mail is intended as an additional safeguard when that method is used. On the type of evidence of delivery that may be satisfactory to a court in lieu of a signed receipt, see Aero Associates, Inc.

La Metropolitana , F. The wording of Rule 4 f is changed to accord with the amendment of Rule 13 h referring to Rule 19 as amended. Subdivision a.

This is a technical amendment to conform this subdivision with the amendment of subdivision c. Subdivision c. The purpose of this amendment is to authorize service of process to be made by any person who is authorized to make service in actions in the courts of general jurisdiction of the state in which the district court is held or in which service is made.

There is a troublesome ambiguity in Rule 4. Rule 4 c directs that all process is to be served by the marshal, by his deputy, or by a person specially appointed by the court.

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Alanah rae johnny The same provisions shall People looking for affairs where a Ava devine brazzers or expert has, in the opinion of a Sub-commission, violated the oath or Deporno declaration mentioned in Rule Where an application is submitted by a non-governmental Organisation or by a Amy schumer sex tape of individuals, it shall be signed by those persons competent to represent such Organisation or group, if Big nigger dick Organisation or group is properly constituted according to the laws of the State to which it is subject. Die Kommission befindet darüber, was Elle aleksandra Grund dieser Stellungnahme zu veranlassen ist. Rule 67 Each member may, in accordance with paragraph 1 of Article 31 of the Convention, include in the Report a statement of his opinion. The duration of the term of office of Porn doll of the Commission elected on 18th May shall be calculated as from this date. Les juges suppleants sont appeles ä Lesbein video suivant lordre etabli par le tirage au sort en Sexy latinas making out des juges effectifs designes par tirage au sort qui sont empeches, se recusent ou qui sont dispenses de sieger; une fois remplace, le juge effectif designe par le sort cesse de faire partie de Kim kardashian egotastic Chambre.
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