Regulation (EU) 2020/1783 of the European Parliament and of the CouncilShow full title

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)

  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Scope

    2. Article 2.Definitions

    3. Article 3.Direct transmission between courts

    4. Article 4.Central body

  3. CHAPTER II TRANSMISSION AND EXECUTION OF REQUESTS

    1. SECTION 1 Transmission of requests

      1. Article 5.Form and content of requests

      2. Article 6.Language

      3. Article 7.Transmission of requests and other communications

      4. Article 8.Legal effects of electronic documents

    2. SECTION 2 Receipt of requests

      1. Article 9.Receipt of requests

      2. Article 10.Incomplete requests

      3. Article 11.Completion of the request

    3. SECTION 3 Taking of evidence by the requested court

      1. Article 12.General provisions on the execution of a request

      2. Article 13.Taking of evidence with the presence and participation of the parties

      3. Article 14.Taking of evidence with the presence and participation of representatives of the requesting court

      4. Article 15.Coercive measures

      5. Article 16.Refusals to execute requests

      6. Article 17.Notification of delay

      7. Article 18.Procedure after the execution of the request

    4. SECTION 4 Direct taking of evidence by the requesting court and taking of evidence by diplomatic agents or consular officers

      1. Article 19.Direct taking of evidence by the requesting court

      2. Article 20.Direct taking of evidence by videoconferencing or other distance communications technology

      3. Article 21.Taking of evidence by diplomatic agents or consular officers

    5. SECTION 5 Costs

      1. Article 22.Costs

  4. CHAPTER III FINAL PROVISIONS

    1. Article 23.Manual and amendment of Annex I

    2. Article 24.Exercise of delegation

    3. Article 25.Adoption of implementing acts by the Commission

    4. Article 26.Committee procedure

    5. Article 27.Reference implementation software

    6. Article 28.Costs of the decentralised IT system

    7. Article 29.Relationship with agreements or arrangements between Member States

    8. Article 30.Protection of information transmitted

    9. Article 31.Communication

    10. Article 32.Monitoring

    11. Article 33.Evaluation

    12. Article 34.Repeal

    13. Article 35.Entry into force and application

  5. Signature

    1. ANNEX I

      1. FORM A

        2. 1. Reference No of the requesting court:

        3. 2. Requesting court:

        4. 3. Requested court:

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

        6. 5. Representatives of the claimant/petitioner

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

        8. 7. Representatives of defendant/respondent

        9. 8. Presence and participation of the parties

        10. 9. Presence and participation of the representatives of the requesting court:...

        11. 10. Nature and subject-matter of the case and a brief statement...

        12. 11. Taking of evidence to be carried out

        13. 12. Please execute the request

        14. 13. Reasons for not transmitting through the decentralised IT system (Article...

      2. FORM B

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Requested court

        6. 5. The request was received on … (date of receipt) by...

        7. 6. The request cannot be dealt with because:

      3. FORM C

        2. 1. Reference No of the requesting court:

        3. 2. Name of the requesting court:

        4. 3. Reference No of the requested court:

        5. 4. The request for the taking of evidence does not fall...

      4. FORM D

        2. 1. Reference No of the requested court:

        3. 2. Reference No of the requesting court:

        4. 3. Name of the requested court:

        5. 4. Name of the requesting court:

        6. 5. The request for the taking of evidence cannot be executed...

        7. 6. The request for the taking of evidence cannot be executed...

      5. FORM E

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court:

        6. 5. The deposit or advance was received on … (date of...

      6. FORM F

        2. THE FOLLOWING REQUEST FOR THE TAKING OF EVIDENCE WAS SENT...

          1. 1. Reference No of the requesting court:

          2. 2. Reference No of the requested court/central body/competent authority (if available):...

          3. 3. Name of the requesting court:

          4. 4. Name of the requested court/central body/competent authority:

          5. 5. The original request for the taking of evidence (form A)...

      7. FORM G

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court/central body/competent authority (if available):...

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court/central body/competent authority:

        6. 5. THE DELAY WAS DUE TO:

        7. 6. It is estimated that the request will be executed by...

      8. FORM H

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court:

        6. 5. The call for execution of the request for the taking...

        7. 6. The call for execution of the request for the taking...

      9. FORM I

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Requesting court

        5. 4. Requested court

        6. 5. Date and time of the taking of evidence:

        7. 6. Place of the taking of evidence, if different from that...

        8. 7. Where appropriate, conditions under which the parties and their representatives,...

        9. 8. Where appropriate, conditions under which the representatives of the requesting...

      10. FORM J

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court:

        6. 5. The request for the taking of evidence cannot be executed...

        7. 6. It is estimated that the request will be executed by...

      11. FORM K

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court:

        6. 5. The request for the taking of evidence has been executed...

        7. 6. Execution of the request for the taking of evidence has...

        8. 7. Other reasons for non-execution:

      12. FORM L

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the central body/competent authority:

        4. 3. Requesting court:

        5. 4. Central body/competent authority of the requested State

        6. 5. In the case brought by the claimant/petitioner(s)

        7. 6. Representatives of the claimant/petitioner

        8. 7. Against the defendant/respondent(s)

        9. 8. Representatives of defendant/respondent

        10. 9. The evidence will be taken by:

        11. 10. Nature and subject matter of the case and a brief...

        12. 11. Taking of evidence to be carried out

        13. 12. The requesting court asks that evidence be taken directly by...

      13. FORM M

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the central body/competent authority:

        4. 3. Name of the requesting court:

        5. 4. Central body/competent authority

        6. 5. Information from the central body/competent authority

        7. 6. The following court was assigned to provide practical assistance in...

      14. FORM N

        2. 1. Reference No of the requesting court:

        3. 2. Reference No of the requested court:

        4. 3. Name of the requesting court:

        5. 4. Name of the requested court:

        6. 5. Technical data of the requesting court:

        7. 6. Preferred form of connection (in case of more options filled...

        8. 7. Preferred date(s) and time(s) of connection:

        9. 8. Preferred date(s) and time(s) for the test connection:

        10. 9. Information on interpretation:

        11. 10. Information on whether a recording of the taking of evidence...

        12. 11. Other: …

    2. ANNEX II

      REPEALED REGULATION WITH LIST OF THE SUCCESSIVE AMENDMENTS THERETO

    3. ANNEX III

      CORRELATION TABLE