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Taking of Evidence Abroad Case Studies

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Presentation on theme: "Taking of Evidence Abroad Case Studies"— Presentation transcript:

1 Taking of Evidence Abroad Case Studies
RA Dr. Bartosz Sujecki Advocaat & Rechtsanwalt

2 Case Study 1 Member State 1 Member State 2 Forum Investment Agency A
Taking of Evidence Abroad – Case Studies Case Study 1 Member State 1 Member State 2 Investment Agency A Tabby Edgar Forum Jurisdiction? Article 17 Brussels I bis ? „Contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, with a person who pursues commercial or professional activities in the Member State of the consumer‘s domicile or directs such activities to that Member State …“ Jurisdiction of the courts for the place where the consumer is domiciled. Article 18 Brussels I bis Stefan Huber

3 Case Study 1 Member State 1 Member State 2 Forum Investment Agency A
Taking of Evidence Abroad – Case Studies Case Study 1 Member State 1 Member State 2 Investment Agency A Tabby Edgar Forum Edgar as a witness Article 10 Regulation 1206/01 Modern technologies: Video conference, skype ? Article 17 Regulation 1206/01 Witness examination under the national procedurals rules of the Forum State Criteria for deciding which way to choose Payment of witness expenses ? Stefan Huber

4 Case Study 2 Member State 1 Member State 2 Member State 3
Taking of Evidence Abroad – Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Member State 3 Jennifer Picks up the machine with a company owned lorry Richard Sales Contract about the lorry leaves the Company A claim Company C First instance court Jurisdiction? Art. 4 Brusses I bis ? Art. 7(1) Brusses I bis ? Stefan Huber

5 Case Study 2 Member State 1 Member State 2 Member State 3
Taking of Evidence Abroad – Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Member State 3 Jennifer Picks up the machine with a company owned lorry Richard Sales Contract about the lorry leaves the Company A claim Company C First instance court Equality of arms under the European Convention on Human Rights (Council of Europe) Tom as a witness ? Stefan Huber

6 Case Study 2 Member State 1 Member State 2 Member State 3
Taking of Evidence Abroad – Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Member State 3 Jennifer Picks up the machine with a company owned lorry Richard Sales Contract about the lorry leaves the Company A First instance court claim Company C Article 10 Regulation 1206/01 Expert examination of the lorry Article 17 Regulation 1206/01 Expert examination under the national procedurals rules of the Forum State Stefan Huber

7 Case Study 2 Member State 1 Member State 2 Member State 3
Taking of Evidence Abroad – Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Member State 3 Jennifer Picks up the machine with a company owned lorry Richard Sales Contract about the lorry leaves the Company A First instance court claim Company C Article 10 Regulation 1206/01 Richard as witness Article 10 (3) Article 12 Stefan Huber

8 Taking of Evidence Abroad – Case Studies
Stefan Huber

9 Taking of Evidence Abroad – Case Studies
Stefan Huber

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