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C 37/12 EN Official Journal of the European Union 11.2.

2004

AVERAGE COSTS OF BENEFITS IN KIND — 2002

I. Application of Article 94 of Council Regulation (EEC) No 574/72


The amounts to be refunded with regard to the benefits in kind provided in 2002 to members of the
family as referred to in Article 19(2) of Council Regulation (EEC) No 1408/71 will be determined on the
basis of the following average costs:

Annual Net Monthly

Austria EUR 1 697,32 EUR 113,15


Luxembourg EUR 2 037,04 EUR 135,81
Switzerland CHF 2 154,92 CHF 143,66

II. Application of Article 95 of Council Regulation (EEC) No 574/72


The amounts to be refunded with regard to benefits in kind provided in 2002 under Articles 28 and 28a
of Council Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs
(only per capita from 2002):

Annual Net Monthly

Austria EUR 3 677,14 EUR 245,14


Luxembourg EUR 5 638,48 EUR 375,90
Switzerland CHF 5 570,33 CHF 371,36

Fifth update of the information communicated by Member States pursuant to Article 23 of


Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of
judicial and extrajudicial documents in civil or commercial matters (1)
(2004/C 37/06)

For the Netherlands:


Article 9 shall read as follows:

‘Article 9
Date of service

The Netherlands exercises the option under Article 9(3) of the Regulation of derogating from the
provisions of Article 9(1) and (2).
Content of the derogation, as provided for in Article 56 of the Code of Civil Procedure: if a document
has to be served within a given period of time, the date on which the document is sent shall be
deemed to be the date of service in the case of the person at whose request the document is being
served.
Explanation: although the Regulation is intended to speed up the service of documents in inter-
national cases there is as yet no assurance that service will be speeded up to such an extent that the
derogation from Article 9(1) and (2) will prove superfluous. The cases at issue here are those
(including matters external to cases that are about to open or are already pending) where the law
sets short deadlines for serving particular documents, for example in the law on seizure of property,
or cases where a decision is taken to enforce a time limit only shortly before its expiry, for example
periods of limitation or peremptory time limits.’

(1) OJ C 151, 22.5.2001, p. 4; OJ C 202, 18.7.2001, p. 10; OJ C 282, 6.10.2001, p. 2; OJ C 13, 17.1.2002, p. 2; OJ C
136, 11.6.2003, p. 11.