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CJEU: pragmatic approach to witness evidence in cross jurisdictional European litigation (Kortekaas v Lippens)

CJEU: pragmatic approach to witness evidence in cross jurisdictional European litigation (Kortekaas v Lippens)
Published on: 12 September 2012
Published by: LexisPSL
  • CJEU: pragmatic approach to witness evidence in cross jurisdictional European litigation (Kortekaas v Lippens)
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  • Judgment

Article summary

The European Court (First Chamber) has confirmed that provided that its national law permits it, the court of a member state where substantive civil proceedings are taking place can summon a witness residing in another member state to hear evidence before it. The primary aim of Regulation No 1206/2001, which deals with cross-border witness evidence, is to make the process more simple, quick and effective. It is therefore purely to facilitate where necessary and not to preclude the use of relevant national law in hearing witnesses first hand where possible. or take a trial to read the full analysis.

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