This document is an excerpt from the EUR-Lex website
Document 02020R1783-20201202
Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)
Consolidated text: Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)
Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)
02020R1783 — EN — 02.12.2020 — 000.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2020/1783 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (OJ L 405 2.12.2020, p. 1) |
Corrected by:
REGULATION (EU) 2020/1783 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2020
on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)
(recast)
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope
This Regulation applies in civil or commercial matters in which the court of a Member State, in accordance with the law of that Member State, requests:
the competent court of another Member State to take evidence; or
the taking of evidence directly in another Member State.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘court’ means courts and other authorities in Member States as communicated to the Commission under Article 31(3), that exercise judicial functions, that act pursuant to a delegation of power by a judicial authority or that act under the control of a judicial authority, and which are competent under national law to take evidence for the purposes of judicial proceedings in civil or commercial matters;
‘decentralised IT system’ means a network of national IT systems and interoperable access points operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.
Article 3
Direct transmission between courts
Article 4
Central body
Each Member State shall designate a central body that is responsible for:
supplying information to the courts;
seeking solutions to any difficulties which may arise in respect of a request;
forwarding, in exceptional cases, a request to the competent court at the request of a requesting court.
CHAPTER II
TRANSMISSION AND EXECUTION OF REQUESTS
SECTION 1
Transmission of requests
Article 5
Form and content of requests
Requests shall be made using form A or, where appropriate, form L in Annex I. Each request shall contain the following details:
the requesting and, where appropriate, the requested court;
the names and addresses of the parties to the proceedings and their representatives, if any;
the nature and subject matter of the case and a brief statement of the facts;
a description of the taking of evidence requested;
where the request is for the examination of a person:
where the request is for any form of taking of evidence other than that mentioned in point (e), the documents or other objects to be inspected;
where appropriate, any request pursuant to Article 12(3) or (4), or Article 13 or 14 and any information necessary for the execution thereof.
Article 6
Language
Requests and communications made pursuant to this Regulation shall be drawn up in the official language of the requested Member State or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where the requested taking of evidence is to take place, or in another language which that Member State has indicated it will accept.
Each Member State shall communicate to the Commission any official language of the Union other than its own in which the forms set out in Annex I may be completed.
Article 7
Transmission of requests and other communications
Article 8
Legal effects of electronic documents
Documents that are transmitted through the decentralised IT system shall not be denied legal effect or considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form.
SECTION 2
Receipt of requests
Article 9
Receipt of requests
Article 10
Incomplete requests
Article 11
Completion of the request
SECTION 3
Taking of evidence by the requested court
Article 12
General provisions on the execution of a request
The requested court shall use the communications technology specified pursuant to the first subparagraph unless doing so would be incompatible with its national law or the requested court is unable to do so because of major practical difficulties.
If the requested court does not use the specified communications technology for one of those reasons, it shall inform the requesting court using form H in Annex I.
If the communications technology referred to in the first subparagraph is not available in the requesting or in the requested court, those courts may make such communications technology available by mutual agreement.
Article 13
Taking of evidence with the presence and participation of the parties
Article 14
Taking of evidence with the presence and participation of representatives of the requesting court
Article 15
Coercive measures
Where necessary, in executing a request the requested court shall apply the appropriate coercive measures in the instances and to the extent as are provided for by the law of the Member State of the requested court for the execution of a request made for the same purpose by its national authorities or one of the parties concerned.
Article 16
Refusals to execute requests
A request for the examination of a person shall not be executed where the person concerned invokes the right to refuse to give evidence or is prohibited from giving evidence:
under the law of the Member State of the requested court; or
under the law of the Member State of the requesting court, and such right or prohibition has been specified in the request, or, if necessary, at the instance of the requested court, has been confirmed by the requesting court.
The execution of a request may only be refused on grounds other than those referred to in paragraph 1, where one or more of the following grounds applies:
the request does not fall within the scope of this Regulation;
the execution of the request does not fall within the functions of the judiciary under the law of the Member State of the requested court;
the requesting court does not comply with the request of the requested court to complete the request for the taking of evidence pursuant to Article 10 within 30 days of the requested court asking it to do so; or
a deposit or advance asked for in accordance with Article 22(3) is not made within 60 days of the requested court asking for such a deposit or advance.
Article 17
Notification of delay
If the requested court is not in a position to execute the request within 90 days of receipt of the request, it shall inform the requesting court thereof using form J in Annex I. When it does so, it shall give the grounds for the delay as well as the estimated time it expects it will need to execute the request.
Article 18
Procedure after the execution of the request
The requested court shall send to the requesting court the documents confirming the execution of the request, without delay and, where appropriate, shall return the documents received from the requesting court. Those documents shall be accompanied by a confirmation of execution using form K in Annex I.
SECTION 4
Direct taking of evidence by the requesting court and taking of evidence by diplomatic agents or consular officers
Article 19
Direct taking of evidence by the requesting court
Where the direct taking of evidence implies that a person has to be examined, the requesting court shall inform that person that the taking of evidence shall take place on a voluntary basis.
The central body or the competent authority may assign a court of its Member State to take part in the direct taking of evidence in order to ensure that this Article is properly applied and that the conditions under which the direct taking of evidence is to be carried out are complied with.
The central body or the competent authority of the requested Member State may refuse a request for direct taking of evidence only if:
it does not fall within the scope of this Regulation;
it does not contain all of the necessary information referred to in Article 5; or
the direct taking of evidence requested is contrary to fundamental principles of law in its Member State.
Article 20
Direct taking of evidence by videoconferencing or other distance communications technology
Upon request, the requesting court shall be provided with assistance in finding an interpreter if necessary.
Article 21
Taking of evidence by diplomatic agents or consular officers
Member States may provide in their national law for their courts to be able to request their diplomatic agents or consular officers in the territory of another Member State and within the area in which they are accredited to take evidence at the premises of the diplomatic mission or consulate, except in exceptional circumstances, without the need for a prior request, by hearing, on a voluntary basis and without the use of coercive measures, nationals of the Member State which they represent in the context of proceedings pending in the courts of the Member State which they represent. The requested diplomatic agent or consular officer shall execute the request in accordance with the law of his or her Member State.
SECTION 5
Costs
Article 22
Costs
By way of derogation from paragraph 1, the requested court may require the reimbursement of taxes or costs. If the requested court so requires, the requesting court shall ensure that the following are reimbursed without delay:
The obligation of the parties to bear such fees or costs shall be governed by the law of the Member State of the requesting court.
The deposit or advance shall be made by the parties if that is provided for by the law of the Member State of the requesting court.
CHAPTER III
FINAL PROVISIONS
Article 23
Manual and amendment of Annex I
Article 24
Exercise of delegation
Article 25
Adoption of implementing acts by the Commission
The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:
the technical specification defining the methods of communication by electronic means for the purposes of the decentralised IT system;
the technical specifications for communication protocols;
the information security objectives and relevant technical measures ensuring minimum information security standards for the processing and communication of information within the decentralised IT system;
the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;
the establishment of a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation.
Article 26
Committee procedure
Article 27
Reference implementation software
Article 28
Costs of the decentralised IT system
Article 29
Relationship with agreements or arrangements between Member States
Member States shall send to the Commission:
a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and
any denunciation of, or amendments to, those agreements or arrangements.
Article 30
Protection of information transmitted
Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725.
Personal data which are not relevant for the handling of a specific case shall be deleted immediately.
Article 31
Communication
Member States shall communicate to the Commission the following:
the list drawn up pursuant to Article 3(2) indicating the territorial and, where applicable, the special jurisdiction of the courts;
the names and addresses of the central bodies and competent authorities designated pursuant to Article 4(3), indicating their territorial jurisdiction;
the technical means for the receipt of requests available to the courts on the list drawn up pursuant to Article 3(2);
the languages accepted for requests, as referred to in Article 6.
Article 32
Monitoring
Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:
the number of requests for the taking of evidence transmitted in accordance with Article 7(1) and Article 19(1) respectively;
the number of requests for the taking of evidence executed in accordance with Article 12 and Article 19(8) respectively;
the number of cases in which the request for the taking of evidence was transmitted by means other than through the decentralised IT system in accordance with Article 7(4).
Article 33
Evaluation
Article 34
Repeal
Article 35
Entry into force and application
It shall apply from 1 July 2022.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
FORM A
REQUEST FOR THE TAKING OF EVIDENCE
(Article 5 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 1 ))
1. Reference No of the requesting court:
2. Requesting court:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 2 ):
Email:
3. Requested court:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (2) :
Email:
4. In the case brought by the claimant/petitioner(s) ( 3 )
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (2) :
Fax (2) :
Email (2) :
5. Representatives of the claimant/petitioner
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (2) :
Email:
6. Against the defendant/respondent(s) ( 4 )
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (2) :
Fax (2) :
Email (2) :
7. Representatives of defendant/respondent
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (2) :
Email:
8. Presence and participation of the parties
Parties and representatives, if any, who will be present at the taking of evidence:□
Participation of the parties and of their representatives, if any, is requested:□
If any party or its representative will be present at the taking of evidence, interpretation in the following language is to be arranged:□BG,□ES,□CS,□DE,□ET,□EL,□EN,□FR,□GA,□HR,□IT,□LV,□LT,□HU,□MT,□NL,□PL,□PT,□RO,□SK,□SL,□FI,□SV,□other:
9. Presence and participation of the representatives of the requesting court:□
Representatives will be present at the taking of evidence:□
Participation of the representatives is requested: ( 5 )□
Name:
Title:
Function:
Task:
If any representative of the requesting court will be present at the taking of evidence, interpretation in the following language is to be arranged:□BG,□ES,□CS,□DE,□ET,□EL,□EN,□FR,□GA,□HR,□IT,□LV,□LT,□HU,□MT,□NL,□PL,□PT,□RO,□SK,□SL,□FI,□SV,□other:
10. Nature and subject-matter of the case and a brief statement of the facts (in annex, where appropriate):
11. Taking of evidence to be carried out
Description of the taking of evidence to be carried out (in annex, where appropriate):
Examination of witnesses:□
Name and surname:
Date of birth, if available:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (2) :
Fax (2) :
Email (2) :
Questions to be put to the witness or a statement of the facts about which they are to be examined (in annex, where appropriate):
Right to refuse to testify under the law of the Member State of the requesting court (in annex, where appropriate): yes□no□
Please examine the witness
under oath:□
on affirmation:□
Any other information that the requesting court deems necessary (in annex, where appropriate):
Other taking of evidence
documents to be inspected and a description of the requested taking of evidence (in annex, where appropriate):
objects to be inspected and a description of the requested taking of evidence (in annex, where appropriate)
12. Please execute the request
in accordance with a special procedure (Article 12(3) of Regulation (EU) 2020/1783) provided for by the law of the Member State of the requesting court described in annex□
and/or by the use of communications technology (Article 12(4) of Regulation (EU) 2020/1783) set out in form N□
the following information is necessary for the execution of the request:
13. Reasons for not transmitting through the decentralised IT system (Article 7(4) of Regulation (EU) 2020/1783) ( 6 )
Electronic transmission was not possible due to:
disruption of the decentralised IT system
the nature of the evidence
exceptional circumstances
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM B
ACKNOWLEDGEMENT OF RECEIPT OF A REQUEST FOR THE TAKING OF EVIDENCE
(Article 9(1) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 7 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Name of the requesting court:
4. Requested court
Name:
Address:
Tel.
Fax ( 8 ):
Email:
5. The request was received on … (date of receipt) by the court indicated in item 4.
6. The request cannot be dealt with because:
The language used to complete the form is not accepted (Article 6 of Regulation (EU) 2020/1783):□
Please use one the following languages:
The document is not legible:□
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal
FORM C
NOTIFICATION OF FORWARDING OF A REQUEST FOR THE TAKING OF EVIDENCE
(Article 9(2) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence ( 9 ))
1. Reference No of the requesting court:
2. Name of the requesting court:
3. Reference No of the requested court:
4. The request for the taking of evidence does not fall within the jurisdiction of the court indicated in item 3 of the request for the taking of evidence and was forwarded to
Name of the competent court:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 10 ):
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM D
REQUEST FOR ADDITIONAL INFORMATION FOR THE TAKING OF EVIDENCE
(Article 10 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 11 ))
1. Reference No of the requested court:
2. Reference No of the requesting court:
3. Name of the requested court:
4. Name of the requesting court:
5. The request for the taking of evidence cannot be executed without the following additional information:
6. The request for the taking of evidence cannot be executed before a deposit or advance is made in accordance with Article 22(3) of Regulation (EU) 2020/1783. The deposit or advance should be made in the following way:
Name of account owner:
Bank name/BIC or other relevant bank code:
Account number/IBAN:
Date by which payment was due:
Amount of the deposit or advance requested:
Currency:
|
□Euro (EUR) |
□Bulgarian lev (BGN) |
□Croatian kuna (HRK) |
|
□Czech koruna (CZK) |
□Hungarian forint (HUF) |
□Polish zloty (PLN) |
|
□Pound sterling (GBP) |
□Romanian leu (RON) |
□Swedish krona (SEK) |
□Other (please specify (ISO code)):
Reference number of payment/description/message to the recipient:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM E
ACKNOWLEDGEMENT OF RECEIPT OF DEPOSIT OR ADVANCE
(Article 10(2) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 12 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Name of the requesting court:
4. Name of the requested court:
5. The deposit or advance was received on … (date of receipt) by the court indicated in item 4.
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM F ( 13 )
REQUEST FOR INFORMATION ON DELAY
(Article 12(1) and Article 19(4) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence ( 14 ))
THE FOLLOWING REQUEST FOR THE TAKING OF EVIDENCE WAS SENT BUT NO INFORMATION ON THE OUTCOME OF THE TAKING OF EVIDENCE IS AVAILABLE
1. Reference No of the requesting court:
2. Reference No of the requested court/central body/competent authority (if available):
3. Name of the requesting court:
4. Name of the requested court/central body/competent authority:
5. The original request for the taking of evidence (form A) or original request for the direct taking of evidence (form L) is attached.□
Information at disposal of the requesting court:
request sent□
date ...............................................
acknowledgement of receipt□
date ...............................................
notification of delay□
date ...............................................
other information was received□
..................................................................
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM G ( 15 )
REPLY TO REQUEST FOR INFORMATION ON DELAY
(Article 12(1) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 16 ))
1. Reference No of the requesting court:
2. Reference No of the requested court/central body/competent authority (if available):
3. Name of the requesting court:
4. Name of the requested court/central body/competent authority:
5. THE DELAY WAS DUE TO:
Request for taking of evidence was not received□
Determination of current address of the person to be examined is in progress□
Service of summons to the person to be examined is in progress□
Person did not appear at the hearing despite being served the summons□
Request replied to on … (date). Reply attached□
Payment of a deposit or advance requested on … (date) has not been received□
Other: …□
6. It is estimated that the request will be executed by … (indicate an estimated date).
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM H
NOTIFICATION CONCERNING THE REQUEST FOR SPECIAL PROCEDURES AND/OR FOR THE USE OF COMMUNICATIONS TECHNOLOGIES
(Article 12(3) and (4) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 17 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Name of the requesting court:
4. Name of the requested court:
5. The call for execution of the request for the taking of evidence in accordance with the special procedure indicated in item 12.1. of the request for the taking of evidence (form A) could not be complied with because:
the requested procedure is incompatible with the law of the Member State of the requested court:□
the carrying out of the requested procedure is not possible by reason of major practical difficulties:□
6. The call for execution of the request for the taking of evidence using distance communications technology indicated in item 12.2. of the request for the taking of evidence (form A) could not be complied with because:
The use of communications technology is incompatible with the law of the Member State of the requested court□
The use of the communications technology is not possible by reason of major practical difficulties□
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM I
NOTIFICATION OF THE DATE, TIME, PLACE OF THE TAKING OF EVIDENCE AND THE CONDITIONS FOR PARTICIPATION
(Articles 13(4) and 14(5) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 18 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Requesting court
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 19 ):
Email:
4. Requested court
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (19) :
Email:
5. Date and time of the taking of evidence:
6. Place of the taking of evidence, if different from that referred to in item 4:
7. Where appropriate, conditions under which the parties and their representatives, if any, may participate:
8. Where appropriate, conditions under which the representatives of the requesting court may participate:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM J
NOTIFICATION OF DELAY
(Article 17 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 20 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Name of the requesting court:
4. Name of the requested court:
5. The request for the taking of evidence cannot be executed within 90 days of receipt for the following reasons:
Determination of current address of the person to be examined is in progress□
Service of summons on the person to be examined is in progress□
Person did not appear at the hearing despite being served the summons□
Request replied to on … (date). Reply attached□
Payment of a deposit or advance requested on … (date) has not been received□
Other (please specify): …□
6. It is estimated that the request will be executed by … (indicate an estimated date).
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM K
INFORMATION ON THE EXECUTION OF THE REQUEST FOR THE TAKING OF EVIDENCE
(Articles 16 and 18 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 21 ))
1. Reference No of the requesting court:
2. Reference No of the requested court:
3. Name of the requesting court:
4. Name of the requested court:
5. The request for the taking of evidence has been executed□
The documents confirming execution of the request for the taking of evidence are attached:
6. Execution of the request for the taking of evidence has been refused because:
The person to be examined has invoked the right to refuse to give evidence or has claimed to be prohibited from giving evidence:□
under the law of the Member State of the requested court:□
under the law of the Member State of the requesting court:□
The request for the taking of evidence does not fall within the scope of Regulation (EU) 2020/1783□
Under the law of the Member State of the requested court, the execution of the request for the taking of evidence does not fall within the functions of the judiciary□
The requesting court has not complied with the request for additional information from the requested court dated … (date of the request for additional information)□
A deposit or advance asked for in accordance with Article 22(3) of Regulation (EU) 2020/1783 has not been made.□
7. Other reasons for non-execution:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM L
REQUEST FOR DIRECT TAKING OF EVIDENCE
(Articles 19 and 20 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 22 ))
1. Reference No of the requesting court:
2. Reference No of the central body/competent authority ( 23 ):
3. Requesting court:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (23) :
Email:
4. Central body/competent authority of the requested State
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (23) :
Email:
5. In the case brought by the claimant/petitioner(s) ( 24 )
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (23) :
Fax (23) :
Email (23) :
6. Representatives of the claimant/petitioner
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (23) :
Email:
7. Against the defendant/respondent(s) ( 25 )
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (23) :
Fax (23) :
Email (23) :
8. Representatives of defendant/respondent
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (23) :
Email:
9. The evidence will be taken by:
Name:
Title:
Function:
Task:
10. Nature and subject matter of the case and a brief statement of the facts (in annex, where appropriate):
11. Taking of evidence to be carried out
Description of the taking of evidence (in annex, where appropriate):
Examination of witnesses
Names and surname:
Date of birth, if available:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel. (23) :
Fax (23) :
Email (23) :
Questions to be put to the witness or a statement of the facts about which they are to be examined (in the annex, where appropriate):
Right to refuse to testify under the law of the Member State of the requesting court (in annex, where appropriate): yes□no□
Other taking of evidence (in annex, where appropriate):
12. The requesting court asks that evidence be taken directly by using the communications technology set out in form N□
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM M
INFORMATION FROM THE CENTRAL BODY/COMPETENT AUTHORITY CONCERNING DIRECT TAKING OF EVIDENCE
(Article 19 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 26 ))
1. Reference No of the requesting court:
2. Reference No of the central body/competent authority:
3. Name of the requesting court:
4. Central body/competent authority
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax ( 27 ):
Email:
5. Information from the central body/competent authority
Direct taking of evidence in accordance with the request is accepted:□
Direct taking of evidence in accordance with the request is accepted under the following conditions (in annex, where appropriate):
Direct taking of evidence in accordance with the request is refused for the following reasons:
the request does not fall within the scope of Regulation (EU) 2020/1783:□
the request does not contain all of the necessary information pursuant to Article 5 of Regulation (EU) 2020/1783:□
the direct taking of evidence requested is contrary to fundamental principles of law of the Member State of the central body/competent authority:□
6. The following court was assigned to provide practical assistance in the direct taking of evidence:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax (27) :
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
FORM N
INFORMATION ON TECHNICAL PRACTICALITIES FOR HOLDING A VIDEOCONFERENCE OR USING OTHER DISTANCE COMMUNICATIONS TECHNOLOGY
(Articles 12(4) and 20 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) ( 28 ))
1. Reference No of the requesting court ( 29 ):
2. Reference No of the requested court/central body/competent authority (29) :
3. Name of the requesting court (29) :
4. Name of the requested court/central body/competent authority (29) :
5. Technical data of the requesting court:
ISDN (29) :
IP:
Tel. Court room (29) :
Other:
6. Preferred form of connection (in case of more options filled in item 5):
7. Preferred date(s) and time(s) of connection:
date:
time ( 30 ):
8. Preferred date(s) and time(s) for the test connection:
date:
time (30) :
contact person for the test connection or other technical assistance:
language for communication:□BG,□ES,□CS,□DE,□ET,□EL,□EN,□FR,□GA,□HR,□IT,□LV,□LT,□HU,□MT,□NL,□PL,□PT,□RO,□SK,□SL,□FI,□SV,□other:
tel. in the event of technical difficulties during the test connection or the taking of evidence:
9. Information on interpretation:
Assistance for finding an interpreter is requested:□
The relevant languages:□BG,□ES,□CS,□DE,□ET,□EL,□EN,□FR,□GA,□HR,□IT,□LV,□LT,□HU,□MT,□NL,□PL,□PT,□RO,□SK,□SL,□FI,□SV,□other:
10. Information on whether a recording of the taking of evidence will be made ( 31 ):
yes□
no□
11. Other: …
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
ANNEX II
REPEALED REGULATION WITH LIST OF THE SUCCESSIVE AMENDMENTS THERETO
|
Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1). |
|
|
Regulation (EC) No 1103/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny – Adaptation to the regulatory procedure with scrutiny – Part Three (OJ L 304, 14.11.2008, p. 80). |
Only amendments to Articles 19(2) and 20 of Regulation (EC) No 1206/2001 |
ANNEX III
CORRELATION TABLE
|
Regulation (EC) No 1206/2001 |
This Regulation |
|
Article 1(1) |
Article 1(1) |
|
Article 1(2) |
Article 1(2) |
|
Article 1(3) |
– |
|
– |
Article 2 |
|
Article 2(1) |
Article 3(1) |
|
Article 2(2) |
Article 3(2) |
|
Article 3(1) |
Article 4(1) |
|
Article 3(2) |
Article 4(2) |
|
Article 3(3) |
Article 4(3) |
|
Article 4(1) |
Article 5(1) |
|
Article 4(2) |
Article 5(2) |
|
Article 4(3) |
Article 5(3) |
|
Article 5 |
Article 6 |
|
Article 6 |
–Article 7(1) |
|
– |
Article 7(2), (3) and (4) |
|
– |
Article 8 |
|
Article 7(1) |
Article 9(1) |
|
Article 7(2) |
Article 9(2) |
|
Article 8(1) |
Article 10(1) |
|
Article 8(2) |
Article 10(2) |
|
Article 9(1) |
Article 11(1) |
|
Article 9(2) |
Article 11(2) |
|
Article 10(1) |
Article 12(1) |
|
Article 10(2) |
Article 12(2) |
|
Article 10(3) |
Article 12(3) |
|
Article 10(4) |
Article 12(4) |
|
Article 11(1) |
Article 13(1) |
|
Article 11(2) |
Article 13(2) |
|
Article 11(3) |
Article 13(3) |
|
Article 11(4) |
Article 13(4) |
|
Article 11(5) |
Article 13(5) |
|
Article 12(1) |
Article 14(1) |
|
Article 12(2) |
Article 14(2) |
|
Article 12(3) |
Article 14(3) |
|
Article 12(4) |
Article 14(4) |
|
Article 12(5) |
Article 14(5) |
|
Article 13 |
Article 15 |
|
Article 14(1) |
Article 16(1) |
|
Article 14(2) |
Article 16(2) |
|
Article 14(3) |
Article 16(3) |
|
Article 14(4) |
Article 16(4) |
|
Article 15 |
Article 17 |
|
Article 16 |
Article 18 |
|
Article 17(1) |
Article 19(1) |
|
Article 17(2) |
Article 19(2) |
|
Article 17(3) |
Article 19(3) |
|
Article 17(4), first subparagraph |
Article 19(4), first subparagraph |
|
Article 17(4), second subparagraph |
Article 19(4), second subparagraph |
|
Article 17(4), third subparagraph |
– |
|
– |
Article 19(5) |
|
– |
Article 19(6) |
|
Article 17(5) |
Article 19(7) |
|
Article 17(6) |
Article 19(8) |
|
– |
Article 20 |
|
– |
Article 21 |
|
Article 18 |
Article 22 |
|
Article 19(1) |
Article 23(1) |
|
Article 19(2) |
– |
|
– |
Article 23(2) |
|
Article 20 |
Article 26 |
|
– |
Article 24 |
|
– |
Article 25 |
|
– |
Article 27 |
|
– |
Article 28 |
|
Article 21(1) |
Article 29(1) |
|
Article 21(2) |
Article 29(2) |
|
Article 21(3)(a) |
– |
|
Article 21(3)(b) |
Article 29(3)(a) |
|
Article 21(3)(c) |
Article 29(3)(b) |
|
– |
Article 30 |
|
Article 22, first paragraph |
Article 31(1) |
|
Article 22, second paragraph |
Article 31(2) |
|
– |
Article 31(3) |
|
– |
Article 31(4) |
|
– |
Article 32 |
|
Article 23 |
Article 33(1) |
|
– |
Article 33(2) |
|
Article 24 |
– |
|
– |
Article 34 |
|
Article 24(1) |
Article 35(1), first subparagraph |
|
Article 24(2) |
Article 35(1), second subparagraph |
|
– |
Article 35(2) |
|
|
Article 35(3) |
|
Annex |
Annex I |
|
– |
Annex II |
|
– |
Annex III |
( 1 ) OJ L 405, 2.12.2020, p. 1.
( 2 ) This item is optional.
( 3 ) Where there is more than one claimant/petitioner, please provide information as set out in items 4.1. to 4.5.
( 4 ) Where there is more than one defendant/respondent, please provide information as set out in items 6.1. to 6.5.
( 5 ) Where there is more than one representative, please provide information as set out in item 9.2.
( 6 ) This item only applies from the date of application of the decentralised IT system.
( 7 ) OJ L 405, 2.12.2020, p. 1.
( 8 ) This item is optional.
( 9 ) OJ L 405, 2.12.2020, p. 1
( 10 ) This item is optional.
( 11 ) OJ L 405, 2.12.2020, p. 1.
( 12 ) OJ L 405, 2.12.2020, p. 1
( 13 ) The use of this form is optional.
( 14 ) OJ L 405, 2.12.2020, p. 1
( 15 ) The use of this form is optional.
( 16 ) OJ L 405, 2.12.2020, p. 1
( 17 ) OJ L 405, 2.12.2020, p. 1.
( 18 ) OJ L 405, 2.12.2020, p. 1
( 19 ) This item is optional.
( 20 ) OJ L 405, 2.12.2020, p. 1
( 21 ) OJ L 405, 2.12.2020, p. 1
( 22 ) OJ L 405, 2.12.2020, p. 1.
( 23 ) This item is optional.
( 24 ) Where there is more than one claimant/petitioner, please provide information as set out in items 5.1. to 5.5.
( 25 ) Where there is more than one defendant/respondent, please provide information as set out in items 7.1. to 7.5.
( 26 ) OJ L 405, 2.12.2020, p. 1
( 27 ) This item is optional.
( 28 ) OJ L 405, 2.12.2020, p. 1
( 29 ) This item is optional.
( 30 ) Local time of requested Member State.
( 31 ) E.g. online record or transcript of the taking of evidence