Taking of evidence in civil and commercial matters

 

SUMMARY OF:

Regulation (EU) 2020/1783 on cooperation between the courts of the EU countries in taking evidence in civil or commercial matters

WHAT IS THE AIM OF THE REGULATION?

It aims to improve the effectiveness and speed of cross-border judicial proceedings in civil and commercial cases by simplifying and streamlining procedures for taking evidence.

KEY POINTS

The regulation applies in civil and commercial matters when a court* (‘requesting court’) either asks a court in another EU country (‘requested court’) to take evidence or wishes to do so directly itself.

Requests to obtain evidence are:

A court requested to take evidence:

A court looking to take evidence itself directly in another EU country:

In general, a court asked to take evidence may not claim reimbursement from the requesting court for taxes or costs, but may do so to cover:

EU countries:

The Commission:

The regulation does not apply in Denmark.

Repeal

Regulation (EU) 2020/1783 repeals and replaces Regulation (EC) No 1206/2001 (see summary).

FROM WHEN DOES THE REGULATION APPLY?

It applies from 1 July 2022.

Regulation (EU) 2020/1783 revises and replaces Regulation (EC) No 1206/2001 (and its subsequent amendments), notably through the use of digitalisation and modern technology to speed up processes and reduce costs and delays for individuals and businesses.

BACKGROUND

KEY TERMS

Court: any national authority that may take evidence (i.e. not only judicial bodies).

MAIN DOCUMENT

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) (OJ L 405, 2.12.2020, pp. 1-39)

RELATED DOCUMENTS

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, pp. 1-24)

Successive amendments to Regulation (EC) No 1206/2001 have been incorporated into the original text. This consolidated version is of documentary value only.

last update 26.01.2021