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Case C-188/22: Order of the Court (Tenth Chamber) of 8 September 2022 (request for a preliminary ruling from the Sąd Okręgowy w Opolu — Poland) — VP (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in civil and commercial matters — Regulation (EC) No 1206/2001 — Taking of evidence — Written evidence of a person residing in a Member State other than the Member State of the court having jurisdiction — Possibility of having recourse to the means of taking evidence provided for by national law and not to that provided for by that regulation)
ECLI:EU:UNKNOWN:62022CB0188
62022CB0188
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24.10.2022
Official Journal of the European Union
C 408/23
(Case C-188/22) (1)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Judicial cooperation in civil and commercial matters - Regulation (EC) No 1206/2001 - Taking of evidence - Written evidence of a person residing in a Member State other than the Member State of the court having jurisdiction - Possibility of having recourse to the means of taking evidence provided for by national law and not to that provided for by that regulation)
(2022/C 408/27)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: VP
Defendant: KS represented by AS
Operative part of the order
Articles 1 and 17 of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters must be interpreted as meaning that a court of a Member State wishing to take evidence from a person residing in another Member State is not necessarily obliged, in order to carry out such an act of investigation, to use methods of taking evidence provided for by that regulation, but may use the written statement of that person, in accordance with the law of the Member State to which that court belongs, and to do so without obtaining the authorisation of the central body or competent authority of the requested Member State, within the meaning of Article 3 of that regulation.
(1) Date lodged: 11.3.2022.
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