Judicial Cooperation in Civil and Commercial Matters Council Regulation (EC) No 1206/2001 of 28th May 2001 And Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007

District Judge Gordon Y Lingard Skipton, Keighley & Bradford County Courts Yorkshire, UK.

Service and Taking Evidence in another Member State of the European Union The regulations: The regulations: –Apply to all Member States EXCEPT Denmark has opted out of the Evidence Regulation Denmark has opted out of the Evidence Regulation –Do not apply to criminal proceedings –Rely on multilingual forms as Annexes –Require use of the forms –Are designed to speed the taking of evidence in other Member States and to facilitate the service of Judicial documents

The regulations: (2) Prohibit contracting out except where specified Prohibit contracting out except where specified Permit Member States to enter into bilateral agreements which complement the regulations Permit Member States to enter into bilateral agreements which complement the regulations Aim to cut formality Aim to cut formality Encourage speedy communication and use of information technology Encourage speedy communication and use of information technology Prescribe which language must be used in each circumstance Prescribe which language must be used in each circumstance

The regulations: (3) Prescribe which Member State’s law applies in the operation of the regulations Prescribe which Member State’s law applies in the operation of the regulations Prevail over national law Prevail over national law Prescribe strict time limits for compliance Prescribe strict time limits for compliance Lay down procedures as to who sends what to whom – Lay down procedures as to who sends what to whom – In general terms In general terms –documents for service are sent from and to specified bodies in the respective Member States –requests for taking of evidence are made from court to court

The European Judicial Network in Civil and Judicial Matters - the EJN An organisation set up to foster judicial cooperation An organisation set up to foster judicial cooperation Has a website in every official language of the EU Has a website in every official language of the EU – –Provides vital information on each Member State’s legal system or systems ( in all the official languages) –Has an interactive ATLAS

The European Judicial Network Atlas Has dedicated tabs for both the Service Regulation and the Evidence regulation Has dedicated tabs for both the Service Regulation and the Evidence regulation Sets out all the necessary information required by the regulations to be notified to the European Commission Sets out all the necessary information required by the regulations to be notified to the European Commission Lists the relevant courts for receiving requests to take evidence Lists the relevant courts for receiving requests to take evidence Lists the relevant and “acceptable” languages for each Member State Lists the relevant and “acceptable” languages for each Member State

The European Judicial Network Atlas (2) Sets out the details of Sets out the details of –Courts which can receive requests to take evidence- not necessarily all courts in each Member State not necessarily all courts in each Member State –Central Bodies, –Competent Authorities –Receiving Agencies and –Transmitting Agencies Whether or not there is more than one of the above and if so their territorial jurisdiction Whether or not there is more than one of the above and if so their territorial jurisdiction

Central Bodies, Competent Authorities Receiving Agencies and Transmitting Agencies Are required to be created maintained and notified by each Member State to the Commission Are required to be created maintained and notified by each Member State to the Commission Are the lifeblood of operation of the Regulations Are the lifeblood of operation of the Regulations Are there to assist Are there to assist THERE MAY BE MORE THAN ONE PER MEMBER STATE – consult the Atlas for information THERE MAY BE MORE THAN ONE PER MEMBER STATE – consult the Atlas for information Remember just because your Member State has a unified legal system does not mean the same applies elsewhere Remember just because your Member State has a unified legal system does not mean the same applies elsewhere

SERVICE of JUDICIAL DOCUMENTS Is always requested by a transmitting Agency to a Receiving Agency Is always requested by a transmitting Agency to a Receiving Agency May be direct if the law of both Member states permits May be direct if the law of both Member states permits May in certain cases be by Consular Agents May in certain cases be by Consular Agents

Taking of Evidence Usually requested by any court or tribunal to a court specified in the Atlas Usually requested by any court or tribunal to a court specified in the Atlas Exceptionally may be via Central Bodies Exceptionally may be via Central Bodies May involve the judicial personnel or representatives of the requesting court May involve the judicial personnel or representatives of the requesting court Can include expert evidence Can include expert evidence

The end Let us go forth and cooperate with each other