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:

(a) the competent court of another Member State to take evidence; or

(b) the taking of evidence directly in another Member State.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘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;

(2) ‘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:

(a) supplying information to the courts;

(b) seeking solutions to any difficulties which may arise in respect of a request;

(c) 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:

(a) the requesting and, where appropriate, the requested court;

(b) the names and addresses of the parties to the proceedings and their representatives, if any;

(c) the nature and subject matter of the case and a brief statement of the facts;

(d) a description of the taking of evidence requested;

(e) where the request is for the examination of a person: — the name and address of the person to be examined, — the questions to be put to the person to be examined or a statement of the facts about which that person is to be examined, — where appropriate, a reference to the right to refuse to testify under the law of the Member State of the requesting court, — any requirement that the examination be carried out under oath or affirmation instead of an oath, and any special form to be used for such oath or affirmation, — where appropriate, any other information that the requesting court deems necessary;

(f) 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;

(g) 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:

(a) under the law of the Member State of the requested court; or

(b) 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:

(a) the request does not fall within the scope of this Regulation;

(b) 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;

(c) 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

(d) 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:

(a) it does not fall within the scope of this Regulation;

(b) it does not contain all of the necessary information referred to in Article 5; or

(c) 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 fees paid to experts and interpreters, and

— the costs occasioned by the application of Article 12(3) and (4).

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:

(a) the technical specification defining the methods of communication by electronic means for the purposes of the decentralised IT system;

(b) the technical specifications for communication protocols;

(c) 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;

(d) the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;

(e) 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) 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

(b) 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:

(a) the list drawn up pursuant to Article 3(2) indicating the territorial and, where applicable, the special jurisdiction of the courts;

(b) the names and addresses of the central bodies and competent authorities designated pursuant to Article 4(3), indicating their territorial jurisdiction;

(c) the technical means for the receipt of requests available to the courts on the list drawn up pursuant to Article 3(2);

(d) 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:

(a) the number of requests for the taking of evidence transmitted in accordance with Article 7(1) and Article 19(1) respectively;

(b) the number of requests for the taking of evidence executed in accordance with Article 12 and Article 19(8) respectively;

(c) 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:

2.1. Name:

2.2. Address: 2.2.1. Street and number/PO box: 2.2.2. Place and postcode: 2.2.3. Country:

2.3. Tel.

2.4. Fax (²):

2.5. Email:

3.Requested court:

3.1. Name:

3.2. Address: 3.2.1. Street and number/PO box: 3.2.2. Place and postcode: 3.2.3. Country:

3.3. Tel.

3.4. Fax (2) :

3.5. Email:

4.In the case brought by the claimant/petitioner(s) (³)

4.1. Name:

4.2. Address: 4.2.1. Street and number/PO box: 4.2.2. Place and postcode: 4.2.3. Country:

4.3. Tel. (2) :

4.4. Fax (2) :

4.5. Email (2) :

5.Representatives of the claimant/petitioner

5.1. Name:

5.2. Address: 5.2.1. Street and number/PO box: 5.2.2. Place and postcode: 5.2.3. Country:

5.3. Tel.

5.4. Fax (2) :

5.5. Email:

6.Against the defendant/respondent(s) (⁴)

6.1. Name:

6.2. Address: 6.2.1. Street and number/PO box: 6.2.2. Place and postcode: 6.2.3. Country:

6.3. Tel. (2) :

6.4. Fax (2) :

6.5. Email (2) :

7.Representatives of defendant/respondent

7.1. Name:

7.2. Address: 7.2.1. Street and number/PO box: 7.2.2. Place and postcode: 7.2.3. Country:

7.3. Tel.

7.4. Fax (2) :

7.5. Email:

8.Presence and participation of the parties

8.1. Parties and representatives, if any, who will be present at the taking of evidence:□

8.2. Participation of the parties and of their representatives, if any, is requested:□

8.3. 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:□

9.1. Representatives will be present at the taking of evidence:□

9.2. Participation of the representatives is requested: (⁵)□ 9.2.1. Name: 9.2.2. Title: 9.2.3. Function: 9.2.4. Task:

9.3. 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

11.1. Description of the taking of evidence to be carried out (in annex, where appropriate):

11.2. Examination of witnesses:□ 11.2.1. Name and surname: 11.2.2. Date of birth, if available: 11.2.3. Address: 11.2.3.1. Street and number/PO box: 11.2.3.2. Place and postcode: 11.2.3.3. Country: 11.2.4. Tel. (2) : 11.2.5. Fax (2) : 11.2.6. Email (2) : 11.2.7. Questions to be put to the witness or a statement of the facts about which they are to be examined (in annex, where appropriate): 11.2.8. Right to refuse to testify under the law of the Member State of the requesting court (in annex, where appropriate): yes□no□ 11.2.9. Please examine the witness 11.2.9.1. under oath:□ 11.2.9.2. on affirmation:□ 11.2.10. Any other information that the requesting court deems necessary (in annex, where appropriate):

11.3. Other taking of evidence 11.3.1. documents to be inspected and a description of the requested taking of evidence (in annex, where appropriate): 11.3.2. objects to be inspected and a description of the requested taking of evidence (in annex, where appropriate)

12.Please execute the request

12.1. 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□

12.2. and/or by the use of communications technology (Article 12(4) of Regulation (EU) 2020/1783) set out in form N□

12.3. 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: