Regulation 2020/1783 - Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) - Main contents
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official 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)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/1783 |
| Original proposal | COM(2018)378  |
| CELEX number i | 32020R1783 |
| Document | 25-11-2020; Date of signature |
|---|---|
| Publication in Official Journal | 02-12-2020; OJ L 405 p. 1-39 |
| Signature | 25-11-2020 |
| Effect | 01-01-1001; Application Partial application See Art 35.3 22-12-2020; Entry into force Date pub. +20 See Art 35.1 23-03-2022; Application Partial application See Art 35.2 01-07-2022; Application See Art 35.1 |
| Deadline | 01-01-1001; At the latest See Art 33.1 23-03-2022; See Art 25.2 02-07-2023; See Art 32.1 02-07-2026; At the latest See Art 32.2 |
| End of validity | 31-12-9999 |
2.12.2020 |
EN |
Official Journal of the European Union |
L 405/1 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Regulation (EC) No 1206/2001 (3) has been amended before. Since further substantial amendments are to be made, that Regulation should be recast in the interests of clarity. |
(2) |
The Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice in which the free movement of persons is ensured. To establish such an area, the Union is to adopt, among other measures, measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market. |
(3) |
For the purposes of the proper functioning of the internal market and the development of an area of civil justice in the Union, it is necessary to further improve and expedite cooperation between the courts of the different Member States in relation to the taking of evidence. This Regulation seeks to improve the effectiveness and speed of judicial proceedings by simplifying and streamlining the mechanisms for cooperation in the taking of evidence in cross-border proceedings, while at the same time helping to reduce delays and costs for individuals and businesses. Providing greater legal certainty and simpler, streamlined and digitalised procedures will encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and thus the functioning of the internal market. |
(4) |
This Regulation lays down rules on cooperation between the courts of the different Member States in relation to the taking of evidence in civil or commercial matters. |
(5) |
For the purposes of this Regulation, the term ‘court’ should also be understood to mean authorities 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 that are competent under national law to take evidence for the purposes of judicial proceedings in civil or commercial matters. This includes in particular authorities that qualify as courts under other Union legal acts, such as Council Regulation (EU) 2019/1111 (4) and Regulations (EU) No 1215/2012 (5) and (EU) No 650/2012 (6) of the European Parliament and of the Council. |
(6) |
To ensure the utmost clarity and legal certainty, the request for the taking of evidence should be transmitted on a form completed in the language of the Member State of the requested court or in another language accepted by that Member State. For the same reasons, forms should also be used as much as possible for further communication between the relevant courts. |
(7) |
In order to ensure speedy transmission of requests and communications between Member States for the purposes of taking of evidence, any appropriate modern communications technology should be used. Therefore, as a rule, all communication and exchange of documents should be carried out through a secure and reliable decentralised IT system comprising national IT systems that are interconnected and... |
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