Effectiveness of substitute delivery of the court mail

Publication / 05.07.2017

On February 16, 2017, the Supreme Court adopted a resolution in a case ref. III CZP 105/16, in which it stated that delivery in the manner provided for in Article 139 § 1 of the Code of Civil Procedure can be considered to have been made when the court mail was sent to the current address and the name of the recipient.

The above resolution was adopted on the basis of a case in which a court registrar granted an enforcement clause to a payment order, recognizing that a dispatch sent to the defendant’s maiden name was properly delivered. The Supreme Court stressed that the delivery of a letter to a party or participant in the proceedings at a defective address or in the wrong name of the recipient cannot be considered as having been made, regardless of the source or cause of the error. Also, knowledge of other terms that could identify a party or participant in the proceedings is insufficient to recognize the effectiveness of service if the mail does not indicate the current address details and the official name of the recipient.