Cross-Border Civil Judicial Litigation: Service of Documents and Taking of Evidence

Efficiency, digitalisation, and security in the service of documents and the taking of evidence within the European Union are the objectives underlying two EU Regulations applied as of 1 July 2022, namely:

• Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast), which repealed Regulation (EC) 1206/2001;
• Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast), which repealed Regulation (EC) 1393/2007.

Both Regulations aim to improve the efficiency, rapidity, and security of the service of judicial and extrajudicial documents and the taking of evidence, respectively, in EU cross-border civil or commercial cases. In particular, by relying on digitalisation (i.e. implementing a secure and reliable decentralised IT system – a network of national IT systems and interoperable access points that rely on e-Codex), and on more traditional means, such as standard forms.

This course is designed to offer a comprehensive overview of these instruments. It highlights the main innovations introduced with their 2020 recast versions, while also relying on the case law of the Court of Justice of the European Union in this area of the law.

The purpose of the course is two-fold:

• to familiarise participants with emerging issues in the area of service of documents and taking of evidence, especially in light of the recent legislative amendments and the developments stemming from the case law of the Court of Justice of the European Union;
• to shed light on the policy and legal considerations underlying this area of the law, including at the multilateral level.

Course methodology/highlights

The course will be led by expert speakers who will deliver presentations on key topics, incorporating recent legislative amendments and developments arising from the case law of the Court of Justice of the European Union. Particular emphasis will be placed on the Court’s role in ensuring the uniform interpretation of EU instruments governing the service of documents and the taking of evidence between Member States. Each presentation will be followed by Q&A sessions, fostering an exchange of ideas, as well as discussions where participants can share their professional experiences and insights.

This course will provide you with a comprehensive understanding of the EU instruments governing the service of documents and the taking of evidence between Member States, with a particular emphasis on emerging issues and the impact of digitalisation. It will also explore the legal and policy considerations shaping the evolution of EU legislation in the field of judicial cooperation in civil and commercial matters.

Adopting a practical and realistic approach, the course will use real-world examples to enhance participants’ knowledge of key topics, including:

• the 2020 Regulations on Service of documents and Taking of evidence: novelties and challenges, including those arising from the digitalisation of justice;
• the 2020 Service Regulation and the EU Charter of Fundamental Rights;
• the 2020 Evidence Regulation: Scope of Application and Subsidiary Nature;
• the interface of the 2020 Evidence Regulation with the Brussels Ibis Regulation in matters of interim relief.

This course on Cross-Border Civil Judicial Litigation: Service of Documents and Taking of Evidence is one of the courses we are offering in Luxembourg on cross-border judicial cooperation and dispute resolution in civil and commercial matters.

Interested to learn more about the related courses? Please click below:

Cross-Border Judicial Cooperation in Civil Matters
EU Cross-Border Mediation in Civil Commercial and Family Matters
Cross-Border Litigation: Debt Recovery

EU and national civil servants, lawyers and in-house counsels, and national judges.

Project number: 2551301

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Elisa Dolci
Tel: +352 691 108 038
e.dolci@eipa.eu

Fee
The fee includes documentation, refreshments and a lunch. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.

Meals
Dietary preferences can be indicated on the registration form.

Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.

Kirchberg

• Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222

Luxembourg Centre

• Hotel Parc Plaza****, at the rate of €182, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
• Hotel Parc Bellevue***, at the rate of €150, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
• Hotel Simoncini****, at the rate of €190, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.