As regards the Member States of the European Union, including Italy, concerning the performance of judicial and extrajudicial acts in civil and commercial matters, Regulation 1393/2007 of the European Parliament and of the Council of Ministers shall apply. In accordance with the relevant provisions of the new 1393/2007 Regulation, documents to be served on known recipients shall be sent directly between the competent services of the States concerned and shall be served to the person addressed, as a rule in accordance with the law of the receiving Member State, which shall send the sending State a certificate thereof. In accordance with Article 20 of that Regulation, its provisions prevail over the provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States and in particular Article IV of the Protocol to the 1968 Brussels Convention and the Hague Convention of 5/11/1965. In addition, in accordance with the provisions of Article 19 of the Rules of Procedure, where an introductory document or equivalent act is to be sent to another Member State for service or notification under these Rules and the defendant is dismissed, the Judge must suspend the adoption of a decision until it is established: Furthermore, in accordance with Article 23(1) each Member State shall have the power to declare that its judges despite paragraph 1 may give a decision, if the following conditions are met:
It follows from these provisions that the performance of the application for an appeal by a call for discussion of this case, when it is directed against a party known to be resident in the EU Member State, as well as Italy, is completed with the actual performance of those proceedings on the defendant, which is demonstrated by the certificate referred to in Article 19 of the Rules of Procedure, and that under Articles 134 and 136 of the Staff Regulations it is not sufficient to perform fictitious performance on the Supreme Court Prosecutor.
However, the provisions of this Regulation shall not apply if the address of the addressee of the act is unknown. Otherwise, i.e., where the stay of the recipient is unknown, the provisions of national law (lex fori) shall apply and in the event that Greek law applies Article 135 of the Civil Code, which refers to the performance of a party of unknown residence within or outside. In particular, pursuant to Article 135(1) of the Rules of Procedure, if the place of residence of the person to whom the service is to be served is unknown, the provisions of paragraph 1 of Article 134 shall apply and at the same time shall be published in two daily newspapers from which one must be published in Athens and the other at the seat of the Court of Justice, otherwise the other shall be published in Athens, on the advice of the Prosecutor, to whom the performance is made, a summary of the document notified.