- CJEU on obtaining cross-border expert evidence (ProRail BV v Xpedys NV and ors)
- Practical implications
- What evidence was the Belgian court seeking to obtain?
- Do you have to use the Regulation methods if seeking to take evidence directly in another Member State?
- Was the referral itself admissible?
- What was the relevance of article 33(1) of the Judgments Regulation?
The Court of Justice of the European Union has held that where a court of a Member State appoints a judicial expert whose remit includes the carrying out of investigations and obtaining of evidence in another Member State, a correct interpretation of Articles 1(1)(b) and 17 of Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, does not mean that the court appointing the expert must take evidence only by use of the methods prescribed by the Regulation.
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