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Case C-332/11: Judgment of the Court (First Chamber) of 21 February 2013 (request for a preliminary ruling from the Hof van Cassatie van België — Belgium) — ProRail NV v Xpedys NV, DB Schenker Rail Nederland NV, Nationale Maatschappij der Belgische Spoorwegen NV, FAG Kugelfischer GmbH, (Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil and commercial matters — Direct taking of evidence — Designation of an expert — Task carried out partly in the Member State of the referring court and partly in another Member State)
ECLI:EU:UNKNOWN:62011CA0332
62011CA0332
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Official Journal of the European Union
C 114/11
(Case C-332/11) (<span class="super">1</span>)
(Regulation (EC) No 1206/2001 - Cooperation in the taking of evidence in civil and commercial matters - Direct taking of evidence - Designation of an expert - Task carried out partly in the Member State of the referring court and partly in another Member State)
2013/C 114/15
Language of the case: Dutch
Parties to the main proceedings
Applicant: ProRail NV
Defendants: Xpedys NV, DB Schenker Rail Nederland NV, Nationale Maatschappij der Belgische Spoorwegen NV, FAG Kugelfischer GmbH
Re:
Request for a preliminary ruling — Hof van Cassatie van België — Interpretation of 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 (OJ 2001 L 174, p. 1) and of Article 33(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘Brussels I’) (OJ 2001, L 12, p. 1) — Direct taking of evidence by the requesting court — Designation of an expert and the assignment to that expert, by the courts of a Member State, of a task which must be carried out partly in the Member State of the courts in question and partly in another Member State — Whether or not the application of the mechanism provided for in Article 17 of Regulation No 1206/2001 is obligatory
Operative part of the judgment
Articles 1(1)(b) 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 the court of one Member State, which wishes the task of taking of evidence entrusted to an expert to be carried out in another Member State, is not necessarily required to use the method of taking evidence laid down by those provisions to be able to order the taking of that evidence.
* Language of the case: Dutch.
(1) OJ C 269, 10.9.2011.