(a) the competent court of another Member State to take evidence; or (b) the taking of evidence directly in another Member State.
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)
Corrected by
- Corrigendum to 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), 32020R1783R(01), October 26, 2023
- Corrigendum to 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), 32020R1783R(02), March 7, 2024
(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.
(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.
(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.
(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.
(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.
(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.
the fees paid to experts and interpreters, and the costs occasioned by the application of Article 12(3) and (4).
(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.
(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.
(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.
(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).
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 This item is optional. 2.5. Email:
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 This item is optional. 3.5. Email:
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. This item is optional. 4.4. Fax This item is optional. 4.5. Email This item is optional.
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 This item is optional. 5.5. Email:
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. This item is optional. 6.4. Fax This item is optional. 6.5. Email This item is optional.
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 This item is optional. 7.5. Email:
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:
9.1. Representatives will be present at the taking of evidence:□ 9.2. Participation of the representatives is requested: Where there is more than one representative, please provide information as set out in item 9.2. 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:
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. This item is optional. 11.2.5. Fax This item is optional. 11.2.6. Email This item is optional. 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)
12.1. 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:
□ disruption of the decentralised IT system □ the nature of the evidence □ exceptional circumstances
4.1. Name: 4.2. Address: 4.3. Tel. 4.4. Fax This item is optional. 4.5. Email:
6.1. The language used to complete the form is not accepted (Article 6 of Regulation (EU) 2020/1783):□ 6.1.1. Please use one the following languages:
6.2. The document is not legible:□
4.1. Name of the competent court: 4.2. Address: 4.2.1. Street and number/PO box: 4.2.2. Place and postcode: 4.2.3. Country:
4.3. Tel. 4.4. Fax This item is optional. 4.5. Email:
6.1. Name of account owner: 6.2. Bank name/BIC or other relevant bank code: 6.3. Account number/IBAN: 6.4. Date by which payment was due: 6.5. Amount of the deposit or advance requested: 6.6. 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)
6.7. Reference number of payment/description/message to the recipient:
5.1. request sent□ date ............................................... 5.2. acknowledgement of receipt□ date ............................................... 5.3. notification of delay□ date ............................................... 5.4. other information was received□
5.1. Request for taking of evidence was not received□ 5.2. Determination of current address of the person to be examined is in progress□ 5.3. Service of summons to the person to be examined is in progress□ 5.4. Person did not appear at the hearing despite being served the summons□ 5.5. Request replied to on … (date). Reply attached□ 5.6. Payment of a deposit or advance requested on … (date) has not been received□ 5.7. Other: …□
5.1. the requested procedure is incompatible with the law of the Member State of the requested court:□ 5.2. the carrying out of the requested procedure is not possible by reason of major practical difficulties:□
6.1. The use of communications technology is incompatible with the law of the Member State of the requested court□ 6.2. The use of the communications technology is not possible by reason of major practical difficulties□
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 This item is optional. 3.5. Email:
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. 4.4. Fax This item is optional. 4.5. Email:
5.1. Determination of current address of the person to be examined is in progress□ 5.2. Service of summons on the person to be examined is in progress□ 5.3. Person did not appear at the hearing despite being served the summons□ 5.4. Request replied to on … (date). Reply attached□ 5.5. Payment of a deposit or advance requested on … (date) has not been received□ 5.6. Other (please specify): …□
6.1. The person to be examined has invoked the right to refuse to give evidence or has claimed to be prohibited from giving evidence:□ 6.1.1. under the law of the Member State of the requested court:□ 6.1.2. under the law of the Member State of the requesting court:□
6.2. The request for the taking of evidence does not fall within the scope of Regulation (EU) 2020/1783□ 6.3. 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□ 6.4. The requesting court has not complied with the request for additional information from the requested court dated … (date of the request for additional information)□ 6.5. A deposit or advance asked for in accordance with Article 22(3) of Regulation (EU) 2020/1783 has not been made.□
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 This item is optional. 3.5. Email:
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. 4.4. Fax This item is optional. 4.5. Email:
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. This item is optional. 5.4. Fax This item is optional. 5.5. Email This item is optional.
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. 6.4. Fax This item is optional. 6.5. Email:
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. This item is optional. 7.4. Fax This item is optional. 7.5. Email This item is optional.
8.1. Name: 8.2. Address: 8.2.1. Street and number/PO box: 8.2.2. Place and postcode: 8.2.3. Country:
8.3. Tel. 8.4. Fax This item is optional. 8.5. Email:
9.1. Name: 9.2. Title: 9.3. Function: 9.4. Task:
11.1. Description of the taking of evidence (in annex, where appropriate): 11.2. Examination of witnesses 11.2.1. Names 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. This item is optional. 11.2.5. Fax This item is optional. 11.2.6. Email This item is optional. 11.2.7. 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): 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□
11.3. Other taking of evidence (in annex, where appropriate):
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. 4.4. Fax This item is optional. 4.5. Email:
5.1. Direct taking of evidence in accordance with the request is accepted:□ 5.2. Direct taking of evidence in accordance with the request is accepted under the following conditions (in annex, where appropriate): 5.3. Direct taking of evidence in accordance with the request is refused for the following reasons: 5.3.1. the request does not fall within the scope of Regulation (EU) 2020/1783:□ 5.3.2. the request does not contain all of the necessary information pursuant to Article 5 of Regulation (EU) 2020/1783:□ 5.3.3. the direct taking of evidence requested is contrary to fundamental principles of law of the Member State of the central body/competent authority:□
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. 6.4. Fax This item is optional. 6.5. Email:
5.1. ISDN This item is optional. 5.2. IP: 5.3. Tel. Court room This item is optional. 5.4. Other:
7.1. date: 7.2. time Local time of requested Member State.
8.1. date: 8.2. time Local time of requested Member State. 8.3. contact person for the test connection or other technical assistance: 8.4. 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: 8.5. tel. in the event of technical difficulties during the test connection or the taking of evidence:
9.1. Assistance for finding an interpreter is requested:□ 9.2. 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:
10.1. yes□ 10.2. no□
| Council Regulation (EC) No 1206/2001 of | |
| Regulation (EC) No 1103/2008 of the European Parliament and of the Council of | Only amendments to Articles 19(2) and 20 of Regulation (EC) No 1206/2001 |
| 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 |