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
Date: 2001-05-28
Institutions: Council of the European Union
Subjects: EU Member State, European cooperation, civil law, commercial law, judicial cooperation

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I

(Acts whose publication is obligatory)

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

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 61(c) and Article 67(1)
thereof,

Having regard to the initiative of the Federal Republic of
Germany (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

The European Union has set itself the objective of
maintaining and developing the European Union as an
area of freedom, security and justice in which the free
movement of persons is ensured. For the gradual
establishment of such an area, the Community is to
adopt, among others, the measures relating to judicial
cooperation in civil matters needed for the proper
functioning of the internal market.

For the purpose of the proper functioning of the internal
market, cooperation between courts in the taking of
evidence should be improved, and in particular simpli-
fied and accelerated.

At its meeting in Tampere on 15 and 16 October 1999,
the European Council recalled that new procedural
legislation in cross-border cases, in particular on the
taking of evidence, should be prepared.

(4)

This area falls within the scope of Article 65 of the
Treaty.

(1) OJ C 314, 3.11.2000, p. 2.
(2) Opinion delivered on 14 March 2001 (not yet published in the

Official Journal).

the proposed action, namely the
The objectives of
improvement of cooperation between the courts on the
taking of evidence in civil or commercial matters, cannot
be sufficiently achieved by the Member States and can
therefore be better achieved at Community level. The
Community may adopt measures in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty.
In accordance with the principle of pro-
portionality, as set out in that Article, this Regulation
does not go beyond what is necessary to achieve those
objectives.

To date, there is no binding instrument between all the
Member States concerning the taking of evidence. The
Hague Convention of 18 March 1970 on the taking of
evidence abroad in civil or commercial matters applies
between only 11 Member States of the European Union.

As it is often essential for a decision in a civil or
commercial matter pending before a court in a Member
State to take evidence in another Member State, the
Community’s activity cannot be limited to the field of
transmission of judicial and extrajudicial documents in
civil or commercial matters which falls within the scope
of Council Regulation (EC) No 1348/2000 of 29 May
2000 on the serving in the Member States of judicial
and extrajudicial documents in civil or commercial
matters (4).
It is therefore necessary to continue the
improvement of cooperation between courts of Member
States in the field of taking of evidence.

(6)

(7)

(8)

The efficiency of judicial procedures in civil or commer-
cial matters requires that the transmission and execution
of requests for the performance of taking of evidence is
to be made directly and by the most rapid means
possible between Member States’ courts.

(3) Opinion delivered on 28 February 2001 (not yet published in the

Official Journal).

(4) OJ L 160, 30.6.2000, p. 37.

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(9)

Speed in transmission of requests for the performance
of taking of evidence warrants the use of all appropriate
means, provided that certain conditions as to the
legibility and reliability of the document received are
observed. So as to ensure the utmost clarity and legal
certainty the request for the performance of taking of
evidence must be transmitted on a form to be completed
in the language of the Member State of the requested
court or in another language accepted by that State. For
the same reasons, forms should also be used as far as
possible for further communication between the relevant
courts.

if

(16) The execution of the request, according to Article 10,
should not give rise to a claim for any reimbursement of
the requested court
taxes or costs. Nevertheless,
requires reimbursement, the fees paid to experts and
interpreters, as well as the costs occasioned by the
application of Article 10(3) and (4), should not be borne
by that court. In such a case, the requesting court is to
take the necessary measures to ensure reimbursement
without delay. Where the opinion of an expert
is
required, the requested court may, before executing the
request, ask the requesting court for an adequate deposit
or advance towards the costs.

(10) A request for the performance of the taking of evidence
should be executed expeditiously. If it is not possible for
the request to be executed within 90 days of receipt
by the requested court, the latter should inform the
requesting court accordingly, stating the reasons which
prevent the request from being executed swiftly.

(17) This Regulation should prevail over the provisions
applying to its field of application, contained in inter-
national conventions concluded by the Member States.
Member States should be free to adopt agreements or
arrangements to further facilitate cooperation in the
taking of evidence.

(11) To secure the effectiveness of

the
possibility of refusing to execute the request for the
performance of taking of evidence should be confined
to strictly limited exceptional situations.

this Regulation,

(12) The requested court should execute the request
accordance with the law of its Member State.

in

(13) The parties and, if any, their representatives, should be
able to be present at the performance of the taking of
evidence, if that is provided for by the law of the Member
State of the requesting court, in order to be able to
follow the proceedings in a comparable way as if
evidence were taken in the Member State of
the
requesting court. They should also have the right to
request to participate in order to have a more active role
in the performance of the taking of evidence. However,
the conditions under which they may participate should
be determined by the requested court in accordance with
the law of its Member State.

(14) The representatives of the requesting court should be
able to be present at the performance of the taking of
if that is compatible with the law of the
evidence,
Member State of the requesting court, in order to have
an improved possibility of evaluation of evidence. They
should also have the right to request to participate,
under the conditions laid down by the requested court
in accordance with the law of its Member State, in order
to have a more active role in the performance of the
taking of evidence.

(15)

In order to facilitate the taking of evidence it should be
possible for a court in a Member State, in accordance
with the law of its Member State, to take evidence
directly in another Member State, if accepted by the
latter, and under the conditions determined by the
central body or competent authority of the requested
Member State.

(18) The information transmitted pursuant to this Regulation
should enjoy protection. Since Directive 95/46/EC of
the European Parliament and of the Council of 24 Octo-
ber 1995 on the protection of individuals with regard to
the processing of personal data and on the free move-
ment of such data (1), and Directive 97/66/EC of the
European Parliament and of the Council of 15 December
1997 concerning the processing of personal data and
the protection of privacy in the telecommunications
sector (2), are applicable, there is no need for specific
provisions on data protection in this Regulation.

(19) The measures necessary for the implementation of
this Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 (3)
laying down the procedures
the exercise of
implementing powers conferred on the Commission.

for

(20)

For the proper functioning of
the
Commission should review its application and propose
such amendments as may appear necessary.

this Regulation,

(21) The United Kingdom and Ireland, in accordance with
Article 3 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on the
European Union and to the Treaty establishing the
European Community, have given notice of their wish
to take part in the adoption and application of this
Regulation.

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 24, 30.1.1998, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.

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(22) Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, is not participating in the
adoption of this Regulation, and is therefore not bound
by it nor subject to its application,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.
This Regulation shall apply in civil or commercial
matters where the court of a Member State, in accordance with
the provisions of the law of that State, requests:

(a)

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

(b)

to take evidence directly in another Member State.

2.
A request shall not be made to obtain evidence which is
not intended for use in judicial proceedings, commenced or
contemplated.

In this Regulation, the term ‘Member State’ shall mean

3.
Member States with the exception of Denmark.

Article 2

Direct transmission between the courts

Requests pursuant to Article 1(1)(a), hereinafter referred
1.
to as ‘requests’, shall be transmitted by the court before which
the proceedings are commenced or contemplated, hereinafter
referred to as the ‘requesting court’, directly to the competent
court of another Member State, hereinafter referred to as the
‘requested court’, for the performance of the taking of evidence.

2.
Each Member State shall draw up a list of the courts
competent for the performance of taking of evidence according
to this Regulation. The list shall also indicate the territorial
and, where appropriate, the special jurisdiction of those courts.

Article 3

Central body

Each Member State shall designate a central body

1.
responsible for:

(a)

(b)

(c)

supplying information to the courts;

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

forwarding,
requesting court, a request to the competent court.

in exceptional cases, at the request of a

2.
A federal State, a State in which several legal systems
apply or a State with autonomous territorial entities shall be
free to designate more than one central body.

3.
Each Member State shall also designate the central body
referred to in paragraph 1 or one or several competent
authority(ies) to be responsible for taking decisions on requests
pursuant to Article 17.

CHAPTER II

TRANSMISSION AND EXECUTION OF REQUESTS

S e c t i o n 1

Transmission of the request

Article 4

Form and content of the request

1.
The request shall be made using form A or, where
appropriate, form I in the Annex. It shall contain the following
details:

(a)

(b)

(c)

the requesting and, where appropriate, the requested
court;

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

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

(d)

a description of the taking of evidence to be performed;

(e) where the request is for the examination of a person:

— the name(s) and address(es) of the person(s) to be

examined,

— the questions to be put to the person(s) to be
examined or a statement of the facts about which he
is (they are) to be examined,

— where appropriate, a reference to a right to refuse to
testify under the law of the Member State of the
requesting court,

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— any requirement that

the examination is to be
carried out under oath or affirmation in lieu thereof,
and any special form to be used,

— where appropriate, any other information that the

requesting court deems necessary;

(f) where the request is for any other form of taking of
evidence, the documents or other objects to be inspected;

(g) where appropriate, any request pursuant to Article 10(3)
and (4), and Articles 11 and 12 and any information
necessary for the application thereof.

2.
The request and all documents accompanying the request
shall be exempted from authentication or any equivalent
formality.

3.
Documents which the requesting court deems it necess-
ary to enclose for the execution of the request shall be
accompanied by a translation into the language in which the
request was written.

Article 5

Language

The request and communications 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 be performed, or in another language which the requested
Member State has indicated it can accept. Each Member
State shall indicate the official language or languages of the
institutions of the European Community other than its own
which is or are acceptable to it for completion of the forms.

S e c t i o n 2

Receipt of request

Article 7

Receipt of request

1. Within seven days of receipt of the request, the requested
competent court shall send an acknowledgement of receipt to
the requesting court using form B in the Annex. Where the
request does not comply with the conditions laid down in
Articles 5 and 6, the requested court shall enter a note to that
effect in the acknowledgement of receipt.

2. Where the execution of a request made using form A in
the Annex, which complies with the conditions laid down in
Article 5, does not fall within the jurisdiction of the court to
which it was transmitted, the latter shall forward the request
to the competent court of its Member State and shall inform
the requesting court thereof using form A in the Annex.

Article 8

Incomplete request

1.
If a request cannot be executed because it does not
contain all of the necessary information pursuant to Article 4,
the requested court shall inform the requesting court thereof
without delay and, at the latest, within 30 days of receipt of
the request using form C in the Annex, and shall request it to
send the missing information, which should be indicated as
precisely as possible.

2.
If a request cannot be executed because a deposit or
advance is necessary in accordance with Article 18(3), the
requested court shall
inform the requesting court thereof
without delay and, at the latest, within 30 days of receipt of
the request using form C in the Annex and inform the
requesting court how the deposit or advance should be made.
The requested Court shall acknowledge receipt of the deposit
or advance without delay, at the latest within 10 days of
receipt of the deposit or the advance using form D.

Article 6

Transmission of requests and other communications

Article 9

Completion of the request

Requests and communications pursuant to this Regulation
shall be transmitted by the swiftest possible means, which the
requested Member State has indicated it can accept. The
transmission may be carried out by any appropriate means,
provided that the document received accurately reflects the
content of the document forwarded and that all information
in it is legible.

If the requested court has noted on the acknowledgement
1.
of receipt pursuant to Article 7(1) that the request does not
comply with the conditions laid down in Articles 5 and 6 or
has informed the requesting court pursuant to Article 8 that
the request cannot be executed because it does not contain all
of the necessary information pursuant to Article 4, the time
limit pursuant to Article 10 shall begin to run when the
requested court received the request duly completed.

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2. Where the requested court has asked for a deposit or
advance in accordance with Article 18(3), this time limit shall
begin to run when the deposit or the advance is made.

S e c t i o n 3

Taking of evidence by the requested court

Article 10

General provisions on the execution of the request

1.
The requested court shall execute the request without
delay and, at the latest, within 90 days of receipt of the request.

The requested court shall execute the request in accord-

2.
ance with the law of its Member State.

3.
The requesting court may call for the request to be
executed in accordance with a special procedure provided for
by the law of its Member State, using form A in the Annex.
The requested court shall comply with such a requirement
unless this procedure is incompatible with the law of the
Member State of the requested court or by reason of major
practical difficulties. If the requested court does not comply
with the requirement for one of these reasons it shall inform
the requesting court using form E in the Annex.

The requesting court may ask the requested court to use
4.
communications technology at the performance of the taking
of evidence,
in particular by using videoconference and
teleconference.

The requested court shall comply with such a requirement
unless this is incompatible with the law of the Member State
the requested court or by reason of major practical
of
difficulties.

If the requested court does not comply with the requirement
for one of these reasons, it shall inform the requesting court,
using form E in the Annex.

If there is no access to the technical means referred to above
in the requesting or in the requested court, such means may
be made available by the courts by mutual agreement.

Article 11

Performance with the presence and participation of the
parties

If it is provided for by the law of the Member State of
1.
the requesting court, the parties and, if any, their representa-
tives, have the right to be present at the performance of the
taking of evidence by the requested court.

2.
The requesting court shall, in its request, inform the
requested court that the parties and, if any, their representa-
tives, will be present and, where appropriate,
their
participation is requested, using form A in the Annex. This
information may also be given at any other appropriate time.

that

If the participation of the parties and,

3.
if any, their
representatives, is requested at the performance of the taking
of evidence, the requested court shall determine, in accordance
with Article 10,
the conditions under which they may
participate.

4.
The requested court shall notify the parties and, if any,
their representatives, of the time when, the place where, the
proceedings will
the
conditions under which they may participate, using form F in
the Annex.

take place, and, where appropriate,

5.
Paragraphs 1 to 4 shall not affect the possibility for
the requested court of asking the parties and, if any their
to be present at or to participate in the
representatives,
performance of the taking of evidence if that possibility is
provided for by the law of its Member State.

Article 12

Performance with the presence and participation of
representatives of the requesting court

1.
If it is compatible with the law of the Member State of
the requesting court, representatives of the requesting court
have the right to be present in the performance of the taking
of evidence by the requested court.

2.
For the purpose of this Article, the term ‘representative’
shall include members of the judicial personnel designated by
the requesting court, in accordance with the law of its Member
State. The requesting court may also designate, in accordance
with the law of its Member State, any other person, such as an
expert.

3.
The requesting court shall, in its request, inform the
requested court that its representatives will be present and,
where appropriate, that their participation is requested, using
form A in the Annex. This information may also be given at
any other appropriate time.

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If

the participation of

the representatives of

4.
the
requesting court is requested in the performance of the taking
of evidence, the requested court shall determine, in accordance
with Article 10,
the conditions under which they may
participate.

3.
Execution may not be refused by the requested court
solely on the ground that under the law of its Member State a
court of that Member State has exclusive jurisdiction over the
subject matter of the action or that the law of that Member
State would not admit the right of action on it.

5.
The requested court shall notify the requesting court, of
the time when, and the place where, the proceedings will take
place, and, where appropriate, the conditions under which the
representatives may participate, using form F in the Annex.

If execution of the request is refused on one of the
4.
grounds referred to in paragraph 2, the requested court shall
notify the requesting court thereof within 60 days of receipt
of the request by the requested court using form H in the
Annex.

Article 13

Coercive measures

Article 15

Notification of delay

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.

If the requested court is not in a position to execute the request
within 90 days of receipt, it shall inform the requesting court
thereof, using form G in the Annex. When it does so, the
grounds for the delay shall be given as well as the estimated
time that the requested court expects it will need to execute
the request.

Article 14

Refusal to execute

1.
A request for the hearing of a person shall not be
executed when the person concerned claims the right to refuse
to give evidence or to be 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 has been specified in the request, or,
if need be, at the instance of the requested court, has been
confirmed by the requesting court.

Article 16

Procedure after execution of the request

The requested court shall send without delay to the requesting
court the documents establishing the execution of the request
and, where appropriate, return the documents received from
the requesting court. The documents shall be accompanied by
a confirmation of execution using form H in the Annex.

S e c t i o n 4

Direct taking of evidence by the requesting court

In addition to the grounds referred to in paragraph 1,

2.
the execution of a request may be refused only if:

Article 17

(a)

(b)

(c)

(d)

the request does not
Regulation as set out in Article 1; or

fall within the scope of

this

the execution of the request under the law of the Member
State of the requested court does not fall within the
functions of the judiciary; or

the requesting court does not comply with the request of
the requested court to complete the request pursuant to
Article 8 within 30 days after the requested court asked
it to do so; or

1. Where a court requests to take evidence directly in
another Member State, it shall submit a request to the central
body or the competent authority referred to in Article 3(3) in
that State, using form I in the Annex.

Direct taking of evidence may only take place if it can be
2.
performed on a voluntary basis without the need for coercive
measures.

a deposit or advance asked for in accordance with
Article 18(3)
is not made within 60 days after the
requested court asked for such a deposit or advance.

Where the direct taking of evidence implies that a person shall
be heard, the requesting court shall inform that person that
the performance shall take place on a voluntary basis.

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3.
The taking of evidence shall be performed by a member
of the judicial personnel or by any other person such as an
expert, who will be designated, in accordance with the law of
the Member State of the requesting court.

4. Within 30 days of receiving the request, the central body
or the competent authority of the requested Member State
shall inform the requesting court if the request is accepted and,
if necessary, under what conditions according to the law of its
Member State such performance is to be carried out, using
form J.

In particular, the central body or the competent authority may
assign a court of
in the
performance of the taking of evidence in order to ensure the
proper application of this Article and the conditions that have
been set out.

its Member State to take part

The central body or the competent authority shall encourage
the use of communications technology, such as videoconfer-
ences and teleconferences.

The central body or the competent authority may refuse

5.
direct taking of evidence only if:

(a)

(b)

(c)

the request does not
Regulation as set out in Article 1;

fall within the scope of

this

the request does not contain all of the necessary infor-
mation pursuant to Article 4; or

the direct taking of evidence requested is contrary to
fundamental principles of law in its Member State.

6. Without prejudice to the conditions laid down in
accordance with paragraph 4,
the requesting court shall
execute the request in accordance with the law of its Member
State.

S e c t i o n 5

Costs

Article 18

The execution of

1.
in accordance with
Article 10, shall not give rise to a claim for any reimbursement
of taxes or costs.

the request,

3. Where the opinion of an expert is required, the requested
court may, before executing the request, ask the requesting
court for an adequate deposit or advance towards the requested
costs. In all other cases, a deposit or advance shall not be a
condition for the execution of a request.

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 19

Implementing rules

1.
The Commission shall draw up and regularly update a
manual, which shall also be available electronically, containing
the information provided by the Member States in accordance
with Article 22 and the agreements or arrangements in force,
according to Article 21.

The updating or making of technical amendments to the
2.
standard forms set out in the Annex shall be carried out in
accordance with the
in
Article 20(2).

advisory procedure

set out

Article 20

Committee

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its Rules of Procedure.

Article 21

Nevertheless,

2.
if the requested court so requires, the
requesting court shall ensure the reimbursement, without
delay, of:

— the fees paid to experts and interpreters, and

— the costs occasioned by the application of Article 10(3)

and(4).

The duty for the parties to bear these fees or costs shall be
governed by the law of the Member State of the requesting
court.

Relationship with existing or future agreements or
arrangements between Member States

This Regulation shall, in relation to matters to which it
1.
applies, prevail over other provisions contained in bilateral or
multilateral agreements or arrangements concluded by the
Member States and in particular the Hague Convention of
1 March 1954 on Civil Procedure and the Hague Convention
of 18 March 1970 on the Taking of Evidence Abroad in Civil
or Commercial Matters,
in relations between the Member
States party thereto.

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2.
This Regulation shall not preclude Member States from
maintaining or concluding agreements or arrangements
between two or more of them to further facilitate the taking
of evidence, provided that they are compatible with this
Regulation.

(c)

(d)

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

the languages accepted for the requests as referred to in
Article 5.

3. Member States shall send to the Commission:

(a)

(b)

by 1 July 2003, a copy of the agreements or arrangements
maintained between the Member States referred to in
paragraph 2;

a copy of the agreements or arrangements concluded
between the Member States referred to in paragraph 2 as
well as drafts of such agreements or arrangements which
they intend to adopt; and

(c)

any denunciation of, or amendments to, these agreements
or arrangements.

Article 22

Communication

Member States shall inform the Commission of any subsequent
changes to this information.

Article 23

Review

No later than 1 January 2007, and every five years thereafter,
the Commission shall present to the European Parliament, the
Council and the Economic and Social Committee a report on
the application of this Regulation, paying special attention to
the practical application of Article 3(1)(c) and 3, and
Articles 17 and 18.

By 1 July 2003 each Member State shall communicate to the
Commission the following:

Article 24

Entry into force

(a)

(b)

the list pursuant to Article 2(2) indicating the territorial
and, where appropriate, the special jurisdiction of the
courts;

1.

This Regulation shall enter into force on 1 July 2001.

the central bodies and
the names and addresses of
competent authorities pursuant to Article 3, indicating
their territorial jurisdiction;

This Regulation shall apply from 1 January 2004, except
2.
for Articles 19, 21 and 22, which shall apply from 1 July
2001.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 28 May 2001.

For the Council

The President
T. BODSTRO¨ M

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ANNEX

FORM A

Request for the taking of evidence

(Article 4 of 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))

1. Reference of the requesting court:

2. Reference of the requested court:

3. Requesting court:

3.1.

Name:

3.2.

Address:

3.2.1.

Street and No/PO box:

3.2.2.

Place and postcode:

3.2.3.

Country:

3.3.

Tel.

3.4.

Fax

3.5.

E-mail:

4. Requested court:

4.1.

Name:

4.2.

Address:

4.2.1.

Street and No/PO box:

4.2.2.

Place and postcode:

4.2.3.

Country:

4.3.

Tel.

4.4.

Fax

4.5.

E-mail:

5.

In the case brought by the claimant/petitioner:

5.1.

Name:

5.2.

Address:

5.2.1.

Street and No/PO box:

5.2.2.

Place and postcode:

5.2.3.

Country:

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27.6.2001

5.3.

Tel.

5.4.

Fax

5.5.

E-mail:

6. Representatives of the claimant/petitioner:

6.1.

Name:

6.2.

Address:

6.2.1.

Street and No/PO box:

6.2.2.

Place and postcode:

6.2.3.

Country:

6.3.

Tel.

6.4.

Fax

6.5.

E-mail:

7.

Against the defendant/respondent:

7.1.

Name:

7.2.

Address:

7.2.1.

Street and No/PO box:

7.2.2.

Place and postcode:

7.2.3.

Country:

7.3.

Tel.

7.4.

Fax

7.5.

E-mail:

8. Representatives of defendant/respondent:

8.1.

Name:

8.2.

Address:

8.2.1.

Street and No/PO box:

8.2.2.

Place and postcode:

8.2.3.

Country:

8.3.

Tel:

8.4.

Fax:

8.5.

E-mail:

27.6.2001

EN

Official Journal of the European Communities

L 174/11

9.

Presence and participation of the parties:

9.1.

Parties and, if any, their representatives will be present at the taking of evidence:

9.2.

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

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

10.1. Representatives will be present at the taking of evidence:

10.2. Participation of the representatives is requested:

10.2.1.

Name:

10.2.2.

Title:

10.2.3.

Function:

10.2.4.

Task:

11. Nature and subject matter of the case and a brief statement of the facts (in annex, where

appropriate):

12. Taking of evidence to be performed

12.1. Description of the taking of evidence to be performed (in annex, where appropriate):

12.2. Examination of witnesses:

12.2.1.

Name and surname:

12.2.2.

Address:

12.2.3.

Tel.

12.2.4.

Fax

12.2.5.

E-mail:

12.2.6.

Questions to be put to the witness or a statement of the facts about which
they are to be examined (in annex, where appropriate):

12.2.7.

Right
to refuse to testify under the law of
requesting court (in annex, where appropriate):

the Member State of

the

12.2.8.

Please examine the witness:

12.2.8.1.

under oath:

12.2.8.2.

on affirmation:

12.2.9.

Any other information that the requesting court deems necessary (in annex,
where appropriate):

12.3. Other taking of evidence:

12.3.1.

Documents to be inspected and a description of the requested taking of
evidence (in annex, where appropriate):

12.3.2.

Objects to be inspected and a description of the requested taking of
evidence (in annex, where appropriate):

L 174/12

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Official Journal of the European Communities

27.6.2001

13. Please execute the request

13.1.

In accordance with a special procedure (Article 10(3)) provided for by the law of the
Member State of the requesting court and/or by the use of communications technology
(Article 10(4)) described in annex:

13.2. Following information is necessary for the application thereof:

Done at:

Date:

Notification of forwarding the request

Article 7(2) of 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).

14. The request does not fall within the jurisdiction of the court indicated in point 4 above and

was forwarded to

14.1. Name of the competent court:

14.2.

Address:

14.2.1.

Street and No/PO box:

14.2.2.

Place and postcode:

14.2.3.

Country:

14.3.

Tel.

14.4.

Fax

14.5.

E-mail:

Done at:

Date:

27.6.2001

EN

Official Journal of the European Communities

L 174/13

FORM B

Acknowledgement of receipt of a request for the taking of evidence

(Article 7(1) of 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))

1. Reference of the requesting court:

2. Reference of the requested court:

3. Name of the requesting court:

4. Requested court:

4.1.

Name:

4.2.

Address:

4.2.1.

Street and No/PO box:

4.2.2.

Place and postcode:

4.2.3.

Country:

4.3.

Tel.

4.4.

Fax

4.5.

E-mail:

5.

6.

The request was received on … (date of receipt) by the court indicated in point 4 above.

The request cannot be dealt with because:

6.1.

The language used to complete the form is not acceptable (Article 5):

6.1.1.

Please use one the following languages:

6.2.

The document is not legible (Article 6):

Done at:

Date:

L 174/14

EN

Official Journal of the European Communities

27.6.2001

FORM C

Request for additional information for the taking of evidence

(Article 8 of 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))

1. Reference of the requested court:

2. Reference of the requesting court:

3. Name of the requesting court:

4. Name of the requested court:

5.

6.

The request cannot be executed without the following additional information:

The request cannot be executed before a deposit or advance is made in accordance with
Article 18(3). The deposit or advance should be made in the following way:

Done at:

Date:

27.6.2001

EN

Official Journal of the European Communities

L 174/15

FORM D

Acknowledgement of receipt of the deposit or advance

(Article 8(2) of 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))

1. Reference of the requesting court:

2. Reference 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 point 4 above.

Done at:

Date:

L 174/16

EN

Official Journal of the European Communities

27.6.2001

FORM E

Notification concerning the request for special procedures and/or for the use of communications
technologies

(Article 10(3) and (4) of 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))

1. Reference of the requested court:

2. Reference of the requesting court:

3. Name of the requesting court:

4. Name of the requested court:

5.

The requirement for execution of the request according to the special procedure indicated in
point 13.1 of the request (Form A) could not be complied with because:

5.1.

5.2.

the required procedure is incompatible with the law of the Member State of the
requested court:

the performance of the requested procedure is not possible by reason of major
practical difficulties:

6.

The requirement for execution of the request for the use of communications technologies
indicated in point 13.1 of the request (Form A) could not be complied with because:

The use of communications technology is incompatible with the law of the Member
State of the requested court

The use of the communications technology is not possible by reason of major practical
difficulties

6.1.

6.2.

Done at:

Date:

27.6.2001

EN

Official Journal of the European Communities

L 174/17

FORM F

Notification of the date, time, place of performance of the taking of evidence and the conditions for
participation

(Articles 11(4) and 12(5) of 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))

1. Reference of the requesting court:

2. Reference of the requested court:

3. Requesting court

3.1.

Name:

3.2.

Address:

3.2.1.

Street and No/PO box:

3.2.2.

Place and postcode:

3.2.3.

Country:

3.3.

Tel.

3.4.

Fax

3.5.

E-mail:

4. Requested court

4.1.

Name:

4.2.

Address:

4.2.1.

Street and No/PO box:

4.2.2.

Place and postcode:

4.2.3.

Country:

4.3.

Tel.

4.4.

Fax

4.5.

E-mail:

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

6.

Place of the performance of the taking of evidence, if different from that referred to in point 4 above:

7. Where appropriate, conditions under which the parties and, if any, their representatives may

participate:

L 174/18

EN

Official Journal of the European Communities

27.6.2001

8. Where appropriate, conditions under which the representatives of

the requesting court may

participate:

Done at:

Date:

27.6.2001

EN

Official Journal of the European Communities

L 174/19

FORM G

Notification of delay

(Article 15 of 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))

1. Reference of the requested court:

2. Reference of the requesting court:

3. Name of the requesting court:

4. Name of the requested court:

5.

6.

The request can not be executed within 90 days of receipt for the following reasons:

It is estimated that the request will be executed by ... (indicate an estimated date)

Done at:

Date:

L 174/20

EN

Official Journal of the European Communities

27.6.2001

FORM H

Information on the outcome of the request

(Articles 14 and 16 of 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))

1. Reference of the requested court:

2. Reference of the requesting court:

3. Name of the requesting court:

4. Name of the requested court:

5.

The request has been executed.

The documents establishing execution of the request are attached:

6.

Execution of the request has been refused because:

6.1.

the person to be examined has claimed 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 does not fall within the scope of this Regulation

6.3.

6.4.

Under the law of the Member State of the requested court, the execution of the
request does not fall within the functions of the judiciary:

The requesting court has not complied with the request for additional information from
the requested court dated ... (date of the request):

6.5.

A deposit or advance asked for in accordance with Article 18(3) has not been made:

Done at:

Date:

27.6.2001

EN

Official Journal of the European Communities

L 174/21

FORM I

Request for direct taking of evidence

(Article 17 of 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))

1. Reference of the requesting court:

2. Reference of the central body/competent authority:

3. Requesting court:

3.1.

Name:

3.2.

Address:

3.2.1.

Street and No/PO box:

3.2.2.

Place and postcode:

3.2.3.

Country:

3.3.

Tel.

3.4.

Fax

3.5.

E-mail:

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

4.1.

Name:

4.2.

Address:

4.2.1.

Street and No/PO box:

4.2.2.

Place and postcode:

4.2.3.

Country:

4.3.

Tel.

4.4.

Fax

4.5.

E-mail:

5.

In the case brought by the claimant/petitioner:

5.1.

Name:

5.2.

Address:

5.2.1.

Street and No/PO box:

5.2.2.

Place and postcode:

5.2.3.

Country:

L 174/22

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Official Journal of the European Communities

27.6.2001

5.3.

Tel.:

5.4.

Fax

5.5.

E-mail:

6. Representatives of the claimant/petitioner:

6.1.

Name:

6.2.

Address:

6.2.1.

Street and No/PO box:

6.2.2.

Place and postcode:

6.2.3.

Country:

6.3.

Tel.

6.4.

Fax

6.5.

E-mail:

7.

Against the defendant/respondent:

7.1.

Name:

7.2.

Address:

7.2.1.

Street and No/PO box:

7.2.2.

Place and postcode:

7.2.3.

Country:

7.3.

Tel.

7.4.

Fax

7.5.

E-mail:

8. Representatives of defendant/respondent:

8.1.

Name:

8.2.

Address:

8.2.1.

Street and No/PO box:

8.2.2.

Place and postcode:

8.2.3.

Country:

8.3.

Tel.

8.4.

Fax

8.5.

E-mail:

27.6.2001

EN

Official Journal of the European Communities

L 174/23

9.

The taking of evidence shall be performed by:

9.1.

Name:

9.2.

Title:

9.3.

Function:

9.4.

Task:

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 performed:

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

11.2. Examination of witnesses:

11.2.1.

First names and surname:

11.2.2.

Address:

11.2.3.

Tel.

11.2.4.

Fax

11.2.5.

E-mail:

11.2.6.

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):

11.2.7.

Right to refuse to testify under the law of the Member State of the requesting
court (in annex, where appropriate):

11.3. Other taking of evidence (in annex, where appropriate):

12. The requesting court requests to take evidence directly by use of the following communications

technology (in annex, where appropriate):

Done at:

Date:

L 174/24

EN

Official Journal of the European Communities

27.6.2001

FORM J

Information from the central body/competent authority

(Article 17 of 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))

1. Reference of the requesting court:

2. Reference of the central body/competent authority:

3. Name of the requesting court:

4. Central body/competent authority:

4.1.

Name:

4.2.

Address:

4.2.1.

Street and No/PO box:

4.2.2.

Place and postcode:

4.2.3.

Country:

4.3.

Tel.

4.4.

Fax

4.5.

E-mail:

5.

Information from the central body/competent authority:

5.1.

Direct taking of evidence in accordance with the request is accepted:

5.2.

5.3.

Direct taking of evidence in accordance with the request is accepted under the
following conditions (in annex, where appropriate):

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 this Regulation:

5.3.2.

5.3.3.

The request does not contain all of the necessary information pursuant to
Article 4:

The direct taking of evidence requested for is contrary to fundamental
principles of
law of the Member State of the central body/competent
authority:

Done at:

Date: