Alemanha - Autoridade Central (Art. 2, 24) e informações práticas

Central Authority(ies):

Letters of Request shall be addressed to the Central Authority of the Land in which the respective request is to be executed.
Please click here for the list of Central Authorities.
 

Practical Information

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State (‘Land’, see list of Central Authorities).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
No declaration of applicability.
Translation requirements
Arts 4(2) and 33):
Accepts Letters of Requests written in or translated into German.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
Germany seeks reimbursement of costs under Art. 14(2) especially as far as experts or interpreters are involved in the execution of the request. Reimbursement was sought in few other cases.
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: Approximately 6 months
Pre-trial discovery of documents
Art. 23):
Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  See information available by the European Judicial Network on Civil and Commercial Matters on the e-Justice Portal: https://e-justice.europa.eu/content_taking_of_evidence-76-de-en.do?member=1

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? The majority of Central Authorities requires a list of questions, therefore it is advisable to provide a list of questions to be used during witness examination.
Is it a public or private hearing? There is no rule which requires that hearings conducted in judicial cooperation have to be public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? German Central Authorities endeavour to execute Letters of Request containing objectionable questions or offensive wording. To this end, they delete or rephrase certain passages after consulting with the requesting authority. However, Central Authorities will not execute Letters of Request if a certain threshold of objectionable questions or offensive wording is exceeded.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? In practice, witnesses are sworn in only in exceptional circumstances.
Can the witness be made subject to further examination and recall? Yes, but a second request is necessary.
Are there sanctions for non-appearance of witness? Yes. Pursuant to Section 380 of the German Code of Civil Procedure (ZPO), the witness may be charged for the costs caused by his failure to attend. A disciplinary fine may also be imposed on him. When the decision imposing the fine is unenforceable, confinement for contempt of court may be imposed.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? A record is made of the taking of evidence pursuant to Sections 159 et seq. of the German Code of Civil Procedure (ZPO).

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved.
Article 16 Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved. A permission is always necessary: See conditions and competent authority.
Article 17 Applicable, permission always necessary: See conditions and competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements

Supplementary agreements to the Hague Convention of 17 July 1905 and/or of 1 March 1954 were concluded with:  Norway (1977) and Switzerland (1910).

Bilateral conventions on judicial co-operation:  United Kingdom (1928) insofar as it also applies to States other than the United Kingdom e.g., Australia, the BahamasCanada,  Malaysia and New ZealandMorocco (1985), Tunisia (1966).

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.

Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) as soon as it becomes applicable.

Useful links: Federal Office of Justice (in German only)
Internationale Rechtshilfe online (in German only).
E-justice Portal
Competent authorities (Art. 8, 16, 17) See here.
Additional authorities (Art. 24)  

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