DE: Bill to simplify cross-border deliveries between EU member states

May 6, 2022 Benn-Ibler Rechtsanwälte

A new draft law of the Federal Government aims to significantly simplify and accelerate the taking of evidence and cross-border deliveries between EU member states. In the future, requests for legal assistance between individual member states are to be transmitted electronically. The Federal Republic of Germany is thus implementing two EU regulations on civil legal assistance from 2020. There is a need for adaptation especially in the area of the Code of Civil Procedure (Zivilprozessordnung, ZPO).

The draft law implements Regulation (EU) 2020/1784 on the delivery of judicial and extrajudicial documents in civil or commercial matters in the Member States and Regulation (EU) 2020/1783 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

In particular, the draft provides for changes and thus a significant simplification in cross-border delivery and cross-border taking of evidence in third countries. The amendments concern the priority relationship between several methods of delivery and taking of evidence that are admissible under international law. In the future, German diplomatic missions and consular posts abroad will only be requested to deliver documents and take evidence in justified exceptional cases if delivery and taking of evidence can also be effected by other means.

Furthermore, the draft anchors the position of the Federal Office of Justice in resolving difficulties in international civil legal assistance both within the EU and in relation to the contracting states of certain conventions of the Hague Conference on Private International Law.

In addition, the draft expands the existing legal possibilities for mutual assistance in relation to common law states, such as Great Britain or the United States of America. Under strict conditions, it should also be possible to deal with requests for the taking of evidence that are directed at a "pre-trial discovery of documents" (document release). However, this only applies to the extent that such requests are not aimed at inadmissible discovery.

Draft bill BT-Drs. 20/1110