Questionnaire

Projects “Effective adoption, transposition, implementation and application of the European Union legislation in the area of civil justice” and “The Court of Justice of the European Union and the impact of its case law in the area of civil justice to national judicial and administrative authorities” (JUST/2013/JCIV/AG/4691, No TM 2014/14/EK, No TM 2014/13/EK)

The Researchers’ team has developed this questionnaire to be completed by legal professionals. Its purpose is to collect information on the European Union legal framework in the area of civil justice and role of case law of the Court of Justice of the European Union. As the result of the projects the Researchers will develop the Recommendation and Guidelines on the most effective methods of implementation and transposition of the European Union legislation in the national legislation and will conduct the Research analysing influence and the practical application of the case-law of the Court of Justice of European Union in civil matters in the decisions and judgments of the national courts and in the national legal acts.
We are very grateful for your assistance in completing this questionnaire. We understand that it may be impossible to provide answers to all the questions but we are grateful to you in providing as much information as you can. Information provided will not be shared, and will be aggregated and anonymised.
If you would like to follow up this questionnaire with an interview we would be delighted to speak with you (please email us: ik@kacevska.lv).

Fields marked with an asterisk (*) are mandatory!

You are *

Judge

Attorney at Law

State Official

Academic

Other

You are from.. *

General questions

Do you apply EU acts in the area of civil justice in your practice? *

Yes

No

I don't know

Are lawyers/judges trained to work with the EU legislation in the field of international cooperation in civil matters in your Member state? *

Yes

No

No data available

Do judges in your Member state specialise in private international law and international cooperation in civil matters (e.g. are there judges dealing with cases involving international cooperation in civil matters)? *

Yes

No

No data available

In your opinion, is the wording of the relevant EU acts and ECJ case law sufficiently clear and easy to understand? *

Yes

No

No data available

Do you only use regulations in your own language, or do you check their conformity with other language versions (e.g., English, French, German, etc.) *

I use them in my language only

I also use other versions in official languages of EU Member states

No data available

In your opinion, are the standard forms attached to EU regulations easy to understand and to complete? *

Yes, they are easy to complete

No, they are not easy to complete

I don't know

Do you support the view that the legal regulation at the EU level in the area of civil justice should use more often the form of directives instead of regulations? *

Yes

No

I don't know

Have you been sufficiently informed about the amendments to domestic legislation implementing regulations or directives? *

Yes, sufficiently

Yes, but could be better

No

I don't know

Do you find it easy to determine the cross-border nature of a civil case? *

Yes

No

Partially

I don't know

Does the autonomous interpretation of legal terms used in the EU legislation cause you some practical problems? *

Yes

No

I don't know

When you apply Regulation in civil law area, do you always check temporal, geographical and material scope of particular regulation? *

Yes

No

I don't know

Do you find it difficult to determine which regulation is applicable to the precise category of cases (e.g., whether, in a maintenance payment case, the Brussels I Regulation or the Regulation 4/2009 must be applied)? *

Yes, it is difficult

No, it is not difficult

I don't know

INTERNATIONAL JURISDICTION

Have you ever applied 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)? *

Yes

No

Don't remember

Are there any problems to determine the jurisdiction in accordance with Brussels I regulation? *

Yes

No

I don't know

If yes, what difficulties? *

to determine the place of performance of the obligation

to determine jurisdiction in consumer contracts

Other

If other, explain... *

Are there any problems to determine the domicile (the residence) of the natural person (Brussels I regulation, Article 59) *

Yes

No

I don't know

If yes, please explain.. *

Are there any problems to determine the domicile of the legal person (Brussels I regulation, Article 60) *

Yes

No

I don't know

In your practice, do parties often agree on jurisdiction (Brussels I regulation, Article 23)? *

Yes, often

Yes, seldom

No

I don't know

Have you applied Brussels I regulation in determining the jurisdiction in accordance with - Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure - Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure *

Yes

No

I don't know

Have you encountered parallel submissions of similar claim in courts of different Member states (Brussels I regulation, Article 27, lis pendens)? *

Yes

No

I don't know

Are you informed that as of 10 January 2015 Brussels I regulation will be replaced with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis)? *

Yes

No

I don't know

If you have applied ECJ case law in order to interpret Brussels I regulation, do you recall particular case that was very useful? *

CHOICE OF LAW

Have you encountered any problems to determine applicable law? *

Yes

No

Don't remember

If yes, when? *

to detarmine the law applicable to contractual obligations

to determine the law applicable to non-contractual obligations

Other

In your opinion, shall the judge check the applicable law ex officio (even if the parties have not requested it)? *

Yes

No

I don't know

In your opinion, is a “Rome 0” Regulation (setting the general issues of the application of private international law in the EU) necessary? *

Yes

No

I don't know

SERVICE OF DOCUMENTS

Have you ever applied the Regulation No 1393/2007 on the service in the Member states of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000? *

Yes

No

Have never heard about this Regulation

Have you ever encountered any problems with the service of court documents? *

Yes

No

Don't remember

Have you ever encountered any problems with the translation of court documents? *

Yes

No

Don't remember

Do you know any cases when documents have not been served because the domicile (the residence) of the addressee is unknown? *

Yes

No

Don't remember

TAKING OF EVIDENCE *

Have you ever applied Regulation 1206/2001 on cooperation between the courts of the Member states in the taking of evidence in civil or commercial matters? *

Yes

No

Have never heard about this regulation

Have you encountered any difficulties or ambiguities while filling the Annex Form A to Regulation 1206/2001 “Request for the taking of evidence”? *

Yes

No

Have never filled

If yes, what difficulties? *

Are the terms for procedural actions in Regulation 1206/2001 (90 days for execution of the request after receipt; 30 days for incomplete information request after receipt; 60 days for reimbursement of costs) effective and ensure prompt taking of evidence? *

Yes

No

I don't know

Have you encountered any difficulties regarding autonomous interpretation of the term “major practical difficulties”? *

Yes

No

I don't know

Do you consider that the duties for the central body under Regulation 1206/2001 provides efficient gathering of evidence? *

Yes

No

I don't know

INSOLVENCY

Have you ever applied Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings *

Yes

No

Have never heard about this regulation

Have you encountered any difficulties with autonomous interpretation of the term “centre of main interests”? *

Yes

No

I don't know

If yes, what difficulties? *

Have you encountered difficulties with determination of jurisdiction in cross-border insolvency cases? *

Yes

No

I don't know

Are you aware of the proposal for regulation amending Regulation 1346/2000 (COM (2012) 744)? *

Yes

No

I don't know

LEGAL AID

Have you ever encountered cross-border legal aid in civil cases? *

Yes

No

Don't remember

In your opinion, is legal aid in cross-border legal aid in your Member state effective? *

Yes

No

I don't know

MEDIATION

Have you ever applied Directive 2008/52/EC and/or implementing legislation of your Member state to cross-border disputes? *

Yes

No

Have never heard about this regulation

Do you consider implementation of the Directive 2008/52/EC in your national legal order to be satisfactory? *

Yes

No

I don't know

Have you encountered any difficulties evaluating, whether a particular dispute is subject to mediation, in accordance with Directive 2008/52/EC and implementing legislation of your Member state? *

Yes

No

Does Directive 2008/52/EC and implementing legislation of your Member state establish with sufficient clarity mechanisms for enforcement of mediation settlements in cross-border disputes? *

Yes

No

I don't know

Does national legislation of your Member state contains sufficient mechanisms for enforcement of mediation settlements in cross-border disputes? *

Yes

No

I don't know

Does Directive 2008/52/EC and implementing legislation of your Member state provide sufficient protection of confidentiality in mediation? *

Yes

No

I don't know

RECOGNITION AND ENFORCEMENT OF JUDGMENTS, AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Are you generally satisfied with the mechanism of recognition and enforcement of foreign judgments in civil matters in the EU? *

Yes

No

I don't know

Are the reasons for refusing recognition and enforcement of foreign judgments set out in the regulations sufficient? *

Yes

No

I don't know

If no, what should be added? *

Have you ever encountered the recognition and enforcement of specific court decisions of the Common Law system, such as a freezing order, default judgment, etc.)? *

Yes

No

I don't know

Have you ever encountered the application and enforcement of foreign judgments concerning provisional, including protective, measures? *

Yes

No

Don't remember

Have you ever encountered the enforcement of foreign authentic instruments and/or court settlements? *

Yes, with both

Yes, with public documents

Yes, with settlements

No

Don't remember

Mutual recognition of protection measures in civil matters

Are you informed that as from 11 January 2015 Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matter will be applied? *

Yes

No

Have not heard about that

In your opinion, is national legislation of your Member state harmonized with Regulation 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters? *

Yes

No

I don't know

EUROPEAN PROCEDURES

Have you ever applied Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims? *

Yes

No

Have not heard about that

Have you ever applied Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure? *

Yes

No

Have not heard about that

Have you ever applied Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure? *

Yes

No

Have not heard about that

Do you have any particular problems in applying European procedures? *

CASE LAW OF EUROPEAN COURT OF JUSTICE

Do you apply case law of ECJ in your practice? *

Yes

No

Don't remember

Do court decisions of your Member state more often cite ECJ judgments in general or their particular paragraphs? *

Both methods of references are used equally frequent

Mostly the references are made to ECJ judgments in general

Mostly the references are made to particular paragraphs in the ECJ judgments

Is there any national legal act stipulating that the ECJ case-law is binding and should be applied obligatory by the courts of your Member state? *

Yes

No

I don't know

Are you aware of any preliminary questions, concerning the area of civil justice, asked by the court of your Member state to the ECJ? *

Yes

No

I don't know