Jarocki (Internal market - Electronic identification and trust services for electronic transactions - Electronic signatures - Judgment) [2024] EUECJ C-302/23 (17 October 2024)

Jarocki (Internal market - Electronic identification and trust services for electronic transactions - Electronic signatures - Judgment) [2024] EUECJ C-302/23 (17 October 2024)

Regulation (EU) No 910/2014 does not preclude national legislation requiring that procedural documents be lodged by electronic means and signed electronically only through an appropriate ICT system; refusal to accept such documents outside the ICT system is not a denial of legal effect solely on the grounds of electronic form.

Citation
[2024] EUECJ C-302/23
Parties
Applicant: Mr Marek Jarocki; Respondent: C. J.
Jurisdiction
European Union
Judgment Date
17 October 2024
Procedural Posture
Preliminary Ruling / Judgment on Reference From National Court
Outcome
Reference answered; national law not precluded by Regulation (EU) No 910/2014.
Legal Topics
Electronic Signatures, Procedural Documents, Court ICT Systems, Regulation (eu) No 910/2014, Admissibility of Electronic Evidence
European Union Law Civil Procedure Electronic Signatures Procedural Documents Court ICT Systems Regulation (eu) No 910/2014 Admissibility of Electronic Evidence

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Parties

Mr Marek Jarocki

Applicant

C. J.

Respondent

Procedural Posture

Preliminary Ruling / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Regulation (EU) No 910/2014 precludes national law requiring procedural documents to be lodged via a court ICT system for electronic signatures to be accepted
  2. 2 Whether a court must accept electronically signed documents when no ICT system is available

Ratio Decidendi

Regulation (EU) No 910/2014 does not preclude national legislation requiring that procedural documents be lodged by electronic means and signed electronically only through an appropriate ICT system; refusal to accept such documents outside the ICT system is not a denial of legal effect solely on the grounds of electronic form.

Court Disposition

Reference answered; national law not precluded by Regulation (EU) No 910/2014.

Orders

  • Article 2(1) and (3) and Article 25(1) of Regulation (EU) No 910/2014 must be interpreted as not precluding national legislation under which a procedural document cannot be lodged with a court by electronic means and signed electronically unless that court has an appropriate ICT system and the lodging is carried out...