Key Benefits:
Act of 26 May 2004 implementing Regulation (EC) No 1206/2001 of the Council of the European Union of 28 May 2001 on the cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters (PbEG L 174/ 1) (Implementing Law EC-Evidence regulation)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the need to make provision for the implementation of the Regulation (EC) No 1206/2001 of the Council of the European Union of 28 May 2001 on the cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters (PbEG L 174/ 1);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purpose of this Act:
a. Regulation: the Regulation (EC) No 1206/2001 of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters (PbEG L 174/ 1);
(b) a search for a reseeking tribunal as referred to in Article 2 (1) of the Regulation;
(c) the court sought: a court or tribunal as referred to in Article 2 (1) of the Regulation;
(d) central body: the central body referred to in Article 3 (1) of the Regulation;
(e) competent authority: the competent authority referred to in Article 3 (3) of the Regulation.
1 In the case of the Netherlands, courts having jurisdiction to carry out evidence in accordance with Article 2, second paragraph, of the Regulation shall be designated by the courts.
2 The request for an act to obtain evidence shall be made to the court within whose territory the execution of the request must be made. In the case of a witness examination or expert examination, the application shall be made to the court within whose territory the witnesses or experts, or the greatest number of them, are resident or residing. If the execution of the request is to take place in several jurisdictions, each of the courts of these jurisdictions is competent to execute the request in its entirety.
3 The request for an act to obtain evidence may be referred to the court of cantonal court. The cantonal judge shall be bound by this reference.
4 In the case of a general measure of management, detailed rules may be laid down in respect of the second paragraph.
1 The Netherlands, as a central body, is designated by the Council for the case-law.
2 As the competent authority is designated for the Netherlands the Court of The Hague.
3 The rules of our Minister of Justice may lay down detailed rules on the way in which the central body implements its tasks as provided for in Article 3 (1) of the Regulation.
Requests and notifications pursuant to the Regulation may be made to a requested court, body or competent authority in the English language.
The requested court may, if it is considered necessary for the proper execution of the request, translate the documents into English by a sworn translator.
Applications and notifications pursuant to the Regulation shall be the fastest way of sending by fax or, if the requested court, the central body or the competent authority is required, to be sent by fax. has indicated a faster way to accept it, this way.
In the case of transmission of a request for action to obtain evidence pursuant to Article 7 (2) of the Regulation, the court to which the application is forwarded shall be bound by such a transmission.
1 The court seised may, pursuant to Article 12 (4) of the Regulation, take into account the participation of the parties and their representatives pursuant to Article 11, third paragraph, of the Regulation and of the participation of representatives of the court of first instance. ensure that it considers that it is useful or necessary from the point of view of a good process order.
2 The competent authority may, by virtue of Article 17 (4) of the Regulation, provide for the direct provision of an act to obtain evidence that it is useful or necessary from the point of view of a good procedure order. Eight.
3 In the case of a general measure of management, detailed rules may be laid down for the conditions referred to in paragraphs 1 and 2.
(1) The court seised may determine which of the parties is responsible for the summons of a request for a measure to be carried out.
2 Invocations not carried out by one of the parties shall be effected by the Registrar of the court seised. The Articles 171 , 172 , 173 and 178 of the Code of Civil Procedure shall be subject to the examination of witnesses and shall be applied mutatis mutandis.
The costs incurred in carrying out a request for action shall be borne by the State, subject to the costs of which the requesting court, acting in accordance with Article 18 (2) of the Regulation, is to be reimbursed by the requesting court and the Commission, acting in accordance with Article 2 (2), costs resulting from Article 9, first paragraph , to be borne by the parties.
A decision of rejection pursuant to Article 10, third or fourth paragraph, Article 14, second paragraph, and Article 17, fifth paragraph, of the Regulation shall be deemed to be a decision appealed against to the parties to the main proceedings. according to the Fourth Section of Title 7 of the First Book of the Code of Civil Procedure On the understanding that the appeal does not suspend operation, unless the court has determined otherwise, and must be instituted within a period of four weeks from the date of the decision.
1 A searching court may appoint a judicial officer with case-law, or appoint another person, under the second paragraph of Article 12 of the Regulation, to be present or to participate in the operation of the act until the date of the entry into force of the Regulation. Obtaining evidence.
2 A searching court may appoint a judicial official with jurisdiction or another person, at the same time as the third paragraph of Article 17 of the Regulation, to carry out an action directly to obtain evidence.
3 As regards the costs of the other person referred to in the preceding paragraphs, the Articles 195 and 199 of the Code of Civil Procedure where appropriate, mutatis mutandis.
The requesting court may determine which of the parties to take care and shall pay the costs of a translation of the documents produced by a sworn translator into a language accepted by the Member State of the court seised.
On the fees and charges for which the requested court is requested to pay reimbursement under Article 18 (2) of the Regulation, the court shall, in accordance with the provisions of the Court of Justice, be Articles 237 and Article 289 of the Code of Civil Procedure rule, in so far as such articles are subject to a fee to be concluded.
2 The Registrar shall pay back to the court seised the expenses and charges referred to in Article 18 (2) of the Regulation and shall, in so far as they are included in proceedings for a judgment, bring them into account in the case of the court of justice. the plaintiff or the applicant, unless the judge has jointly designated, in connection with the circumstances of the proceedings, the defendant, the plaintiff and the defendant, one or more other interested parties, or the applicant. With regard to reimbursement of the fee for experts, the third to fifth sentence of Article 195 of the Code of Civil Procedure applicable mutatis mutandis. In the cases referred to in these sentences, the Articles 199, third paragraph , and 244, First paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
3 A deposit or advance payment of the costs relating to an expert as referred to in Article 18 (3) of the Regulation shall be deposited at the Registry by the plaintiff or the applicant, unless the court is responsible for the circumstances of the case. the defendant, the plaintiff and the defendant jointly, one or more interested parties, or the applicant, has jointly appointed the applicant. The Registrar shall make the deposit or advance payment to the court seised of this deposit or advance. In the case where the advance payment of the advance has not been sufficient by the expert, the other costs shall be charged to the person who paid the advance or deposited the advance. The second and third sentences of the second paragraph shall apply mutatis mutandis.
1 The minutes of the execution of an evidence of proof by a requested court have an equivalent effect to that of the Dutch court.
2 Other documents relating to the execution of an evidence of proof by the court seised shall have an equivalent effect as parts of the Netherlands with regard to the same evidence of proof.
Rules governing the use of communication technology, as referred to in Article 10 (4) of the Regulation, may be laid down in the general measure of management.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Implementing Law EC Exhibit regulation.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 26 May 2004
Beatrix
The Minister of Justice,
J. P. H. Donner
Published the 29th June 2004The Minister of Justice,
J. P. H. Donner
