IPA UNED - Tema 2 - Inglés jurídico - 15 - Multiple choice, Exercise II

1. Where a court requests to take [blank_start]__________[blank_end] directly in another Member State, it shall submit a request to the central body or the competent authority.

2. Each Member State shall draw up a list of the courts competent for the [blank_start]________[blank_end] of taking of evidence according to this Regulation.

3. The request and all documents accompanying the request shall be exempted [blank_start]______[blank_end] authentication or any equivalent formality

4. Requests and communications pursuant [blank_start]_______[blank_end] this Regulation shall be transmitted by the swiftest possible means, which the requested Member State has indicated it can accept

5. Within seven days of receipt of the request, the requested competent court shall send a(n) [blank_start]__________[blank_end] of receipt to the requesting court.

6. Where the execution of a request made using form A in the Annex, which complies with the conditions laid down in Article 5, does not fall within the jurisdiction of the court to which it was transmitted, the [blank_start]__________[blank_end] shall forward the request to the competent court of its Member State.

7. The requested Court shall acknowledge receipt of the deposit or advance without delay, [blank_start]_______[blank_end] within 10 days of receipt of the deposit or the advance.

8. The requested court shall execute the request in accordance [blank_start]________[blank_end] the law of its Member State.

9. The requested court shall comply [blank_start]_________[blank_end] such a requirement unless this procedure is incompatible with the law of the Member State of the requested court.

10. The requested court shall notify the requesting court, [blank_start]_______[blank_end] the time when, and the place where, the proceedings will take place.

11. Where necessary, [blank_start]_____[blank_end] executing a request the requested court shall apply the appropriate coercive measures in the instances and to the extent as are provided for by the law of the Member State of the requested court.

12. A request for the hearing of a person shall not be executed when the person concerned claims the right to [blank_start]________[blank_end] to give evidence or to be prohibited from giving evidence.

13. The execution of a request may be refused only if the execution of the request under the law of the Member State of the requested court does not fall [blank_start]_________[blank_end] the functions of the judiciary

14. Execution may not be refused by the requested court solely on the ground that under the law of its Member State a court of that Member State has exclusive [blank_start]________[blank_end] the subject matter of the action.

15. If execution of the request is refused on one of the [blank_start]_______[blank_end] referred to in paragraph 2, the requested court shall notify the requesting court thereof within 60 days of receipt of the request.

16. The grounds for the delay shall be given as well as the [blank_start]_________[blank_end] time that the requested court expects it will need to execute the request.

17. Where the direct taking of evidence implies that a person shall be [blank_start]________[blank_end], the requesting court shall inform that person that the performance shall take place on a voluntary basis.

18. The central body or the competent authority may refuse direct taking of evidence only if the direct taking of evidence requested is contrary [blank_start]______[blank_end] fundamental principles of law in its Member State.

19. Without prejudice [blank_start]_______[blank_end] the conditions laid down in accordance with paragraph 4, the requesting court shall execute the request in accordance with the law of its Member State.

20. If it is compatible [blank_start]_______[blank_end] the law of the Member State of the requesting court, representatives of the requesting court have the right to be present in the performance of the taking of evidence by the requested court.

21. The execution of the request, in accordance with Article 10, shall not give [blank_start]_______[blank_end] to a claim for any reimbursement of taxes or costs.

22. The duty for the parties to [blank_start]_______[blank_end] these fees or costs shall be governed by the law of the Member State of the requesting court.

23. In all other cases, a deposit or advance shall not be a condition [blank_start]______[blank_end] the execution of a request.

24. This Regulation shall not preclude Member States [blank_start]_______[blank_end] maintaining or concluding agreements or arrangements between two or more of them to further facilitate the taking of evidence.

25. So as to ensure the utmost clarity and legal [blank_start]_______[blank_end] the request for the performance of taking of evidence must be transmitted on a form to be completed in the language of the Member State of the requested court or in another language accepted by that State.

26. The parties and, if any, their representatives, should be able to be present at the performance of the taking of evidence, if that is provided for by the law of the MS of the requesting court, in order to be able to follow the [blank_start]____________[blank_end].

27. This Regulation should prevail [blank_start]_____[blank_end] the provisions applying to its field of application, contained in international conventions concluded by Member States.

28. Each MS shall designate a central body responsible for [blank_start]______[blank_end], in exceptional cases, at the request of a requesting court, a request to the competent court.

29. The request shall contain the nature and [blank_start]_________[blank_end] of the case and a brief statement of the facts.

30. The request shall contain any requirement that the [blank_start]__________[blank_end] is to be carried out under oath or affirmation in lieu thereof, and any special form to be used.