The European Union (Represented By the European Investment Bank) & Anor v The Syrian Arab Republic

The European Union (Represented By the European Investment Bank) & Anor v The Syrian Arab Republic

Service of documents on a foreign state by e-mail, transmitted through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of Syria, satisfies the mandatory requirements of section 12(1) of the State Immunity Act 1978 when there is evidence the e-mails were received in the Ministry's electronic depository.

Parties
Claimant/applicant: The European Union; Claimant/applicant: The European Investment Bank; Defendant/respondent: The Syrian Arab Republic
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Commercial Claim / Application for Declaration Regarding Service of Documents
Outcome
Declaration granted
Legal Topics
Service of Process, State Immunity Act 1978, Electronic Service of Documents
Civil Procedure State Immunity Service of Process State Immunity Act 1978 Electronic Service of Documents

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Parties

The European Union

Claimant/applicant

The European Investment Bank

Claimant/applicant

The Syrian Arab Republic

Defendant/respondent

Procedural Posture

Commercial Claim / Application for Declaration Regarding Service of Documents

Legal Issues

  1. 1 Whether service of documents on a foreign state by e-mail via the Foreign and Commonwealth Office satisfies section 12(1) of the State Immunity Act 1978

Ratio Decidendi

Service of documents on a foreign state by e-mail, transmitted through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of Syria, satisfies the mandatory requirements of section 12(1) of the State Immunity Act 1978 when there is evidence the e-mails were received in the Ministry's electronic depository.

Court Disposition

Declaration granted

Orders

  • It is declared that all documents required to be served to institute this claim have been validly served on the Syrian Arab Republic pursuant to CPR 6.44 and section 12(1) of the State Immunity Act 1978 by e-mail.