Taking of Evidence Abroad Case Studies
Explore case studies related to taking evidence abroad, involving jurisdiction issues, witness examination, and court rulings. Learn about practical applications of legal regulations and rights under the European Convention on Human Rights.
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Presentation Transcript
Taking of Evidence Abroad Case Studies RA Dr. Bartosz Sujecki Advocaat & Rechtsanwalt
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
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 Payment of witness expenses ? Criteria for deciding which way to choose Stefan Huber
Taking of Evidence Abroad Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Jennifer Member State 3 Picks up the machine with a company owned lorry Richard leaves the Company A Sales Contract about the lorry claim Company C First instance court Jurisdiction? Art. 4 Brusses I bis ? Art. 7(1) Brusses I bis ? Stefan Huber
Taking of Evidence Abroad Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Jennifer Member State 3 Picks up the machine with a company owned lorry Richard leaves the Company A Sales Contract about the lorry 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
Taking of Evidence Abroad Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Jennifer Member State 3 Picks up the machine with a company owned lorry Richard leaves the Company A Sales Contract about the lorry 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
Taking of Evidence Abroad Case Studies Case Study 2 Member State 1 Member State 2 Sales Contract about a machine Tom Company A Jennifer Member State 3 Picks up the machine with a company owned lorry Richard leaves the Company A Sales Contract about the lorry First instance court claim Company C Article 10 Regulation 1206/01 Richard as witness Article 10 (3) Article 12 Stefan Huber
Taking of Evidence Abroad Case Studies Stefan Huber
Taking of Evidence Abroad Case Studies Stefan Huber
