Servicing of notifications and messages on legal entities by posting of a notification on the door or on the mailbox is applicable as long as the legal entity has not left its registered business address

In its Decision № 126 from 10/11/2015, case. № 1825/2014, the Supreme Court of Cassation ruled that servicing of notifications and messages on legal entities by posting of a notification on the door or on the mailbox can only be performed if the the legal entity is operating at its registered address. This is so because only in this case it could be expected that there is an office with employees and hence the notification can be seen and apprehended even in cases where an employee is reluctant to actually receive the summon.

Provided that the legal entity does operate at the registered office, which is evidenced by the lack of indication of maintenance of an office at the that address, servicing of notifications and messages by posting on the door or on the mailbox is meaningless, because the legal entity has no way to perceive the information contained in the notification. In such cases, the fiction under art. 50, para. 2 of the Code of Civil Procedure shall take place, according to which all communications shall be filed with the case records and shall be presumed duly served.