Lugar y plazos de presentación de un escrito procesal¿cuestión sometida a la lex fori regit procesum? (1). Sentencia del Tribunal de Justicia de 27 de marzo de 2019, asunto C- 545/17: Mariusz Pawlak/Prezes Kasy Rolniczego

Abstract

The present study analyzes the Judgment of the CJEU (Fourth Chamber) delivered on March 27, 2019 in Case C-545/17: Mariusz Pawlak/Prezes Kasy Rolniczego in which it is evident how Union Law may affect the procedural rights of the Member States in an issue so intimately linked to the lex fori regit processum rule, as is the place and deadlines for the presentation of procedural documents. According to the same, the Court has imposed the rule of «equivalence of effects» for those procedural writings addressed to a judicial body presented to any postal operator, designated or not to provide the universal postal service, unless there is an objective justification based in reasons of public order or public safety. It is a decision that deserves special attention because of the implications it can project on the procedural rights of the Member States and, among them, in Spanish.