Annexes to COM(2018)378 - Amendment of Council Regulation 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters - Main contents
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dossier | COM(2018)378 - Amendment of Council Regulation 1206/2001 on cooperation between the courts of the Member States in the taking of evidence ... |
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document | COM(2018)378 |
date | November 25, 2020 |
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:
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3. | Requested court:
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4. | In the case brought by the claimant/petitioner(s) (2)
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5. | Representatives of the claimant/petitioner
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6. | Against the defendant/respondent(s) (3)
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7. | Representatives of defendant/respondent
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8. | Presence and participation of the parties
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9. | Presence and participation of the representatives of the requesting court: ☐
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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
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12. | Please execute the request
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13. | Reasons for not transmitting through the decentralised IT system (Article 7(4) of Regulation (EU) 2020/1783) (5) Electronic transmission was not possible due to:
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) (6))
1. | Reference No of the requesting court: |
2. | Reference No of the requested court: |
3. | Name of the requesting court: |
4. | Requested court
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5. | The request was received on … (date of receipt) by the court indicated in item 4. |
6. | The request cannot be dealt with because:
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 (7))
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
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) (8))
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:
☐ Other (please specify (ISO code)):
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) (9))
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 (10)
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 (11))
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:
.................................................................. Done at: Date: Signature and/or stamp or electronic signature and/or electronic seal: |
FORM G (12)
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) (13))
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:
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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) (14))
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:
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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:
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) (15))
1. | Reference No of the requesting court: |
2. | Reference No of the requested court: |
3. | Requesting court
|
4. | Requested court
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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) (16))
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:
|
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) (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 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:
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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) (18))
1. | Reference No of the requesting court: |
2. | Reference No of the central body/competent authority ((*)): |
3. | Requesting court:
|
4. | Central body/competent authority of the requested State
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5. | In the case brought by the claimant/petitioner(s) (19)
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6. | Representatives of the claimant/petitioner
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7. | Against the defendant/respondent(s) (20)
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8. | Representatives of defendant/respondent
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9. | The evidence will be taken by:
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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
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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) (21))
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
|
5. | Information from the central body/competent authority
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6. | The following court was assigned to provide practical assistance in the direct taking of evidence:
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) (22))
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. | Technical data of the requesting court:
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6. | Preferred form of connection (in case of more options filled in item 5): |
7. | Preferred date(s) and time(s) of connection:
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8. | Preferred date(s) and time(s) for the test connection:
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9. | Information on interpretation:
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10. | Information on whether a recording of the taking of evidence will be made (24):
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11. | Other: … Done at: Date: Signature and/or stamp or electronic signature and/or electronic seal: |
(1) OJ L 405, 2.12.2020, p. 1.
((*)) This item is optional.
(2) Where there is more than one claimant/petitioner, please provide information as set out in items 4.1. to 4.5.
(3) Where there is more than one defendant/respondent, please provide information as set out in items 6.1. to 6.5.
(4) Where there is more than one representative, please provide information as set out in item 9.2.
(5) This item only applies from the date of application of the decentralised IT system.
(6) OJ L 405, 2.12.2020, p. 1.
((*)) This item is optional.
(7) OJ L 405, 2.12.2020, p. 1
((*)) This item is optional.
(8) OJ L 405, 2.12.2020, p. 1.
(9) OJ L 405, 2.12.2020, p. 1
(10) The use of this form is optional.
(11) OJ L 405, 2.12.2020, p. 1
(12) The use of this form is optional.
(13) OJ L 405, 2.12.2020, p. 1
(14) OJ L 405, 2.12.2020, p. 1.
(15) OJ L 405, 2.12.2020, p. 1
((*)) This item 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.
((*)) This item is optional.
(19) Where there is more than one claimant/petitioner, please provide information as set out in items 5.1. to 5.5.
(20) Where there is more than one defendant/respondent, please provide information as set out in items 7.1. to 7.5.
(21) OJ L 405, 2.12.2020, p. 1
((*)) This item is optional.
(22) OJ L 405, 2.12.2020, p. 1
((*)) This item is optional.
(23) Local time of requested Member State.
(24) E.g. online record or transcript of the taking of evidence
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 |