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

• Published date: 27 June 2001
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 174, 27 giugno 2001,Diario Oficial de las Comunidades Europeas, L 174, 27 de junio de 2001,Journal officiel des Communautés européennes, L 174, 27 juin 2001

02001R1206 — EN — 04.12.2008 — 001.001

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►B 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)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EC) No 1103/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008	L 304	80	14.11.2008

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▼B

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

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.

3. In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.

Article 2

Direct transmission between the courts

1. Requests pursuant to Article 1(1)(a), hereinafter referred 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

1. Each Member State shall designate a central body responsible for:

(a)supplying information to the courts;

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

(c)forwarding, in exceptional cases, at the request of a requesting court, a request to the competent court.

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

Section 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)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 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,

—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 necessary 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.

Article 6

Transmission of requests and other communications

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.

Section 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 9

Completion of the request

1. If the requested court has noted on the acknowledgement 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...