This Practice Note considers the process for obtaining evidence in the courts of an EU Member State in civil or commercial matters under Regulation (EU) 2020/1783 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters (Taking of Evidence Regulation (recast)), which repealed and replaced Regulation (EC) 1206/2001 (Taking of Evidence Regulation) on 1 July 2022.
The regulation aims to improve and expedite the co-operation between the courts of EU Member States by requiring that the transmission and the Execution of requests are dealt with by the most efficient means between EU Member States’ courts. The regulation takes priority over any taking of evidence provisions contained in bilateral and multilateral agreements or arrangements concluded by the EU Member States and, as stated in the regulation at Article 29(1) of Regulation (EU) 2020/1783, Taking of Evidence Regulation (recast), this applies in particular to both 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
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Jurisdiction(s):
European Union
Key definition:
Execution definition
What does Execution mean?
Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.
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