EU JudgeCo Guideline 8 - Court-to-Court E-Communication

In the event of a communication between the courts in accordance with EU JudgeCo Guidelines 3 and 6 by means of a telephone or video conference call or other electronic means, unless otherwise directed by either of the two courts:

  1. Counsel for all affected parties should be entitled to participate in person during the communication with advance notice of the communication being given to all parties in accordance with the Rules of Procedure applicable in each court;
  2. The communication between the courts should be recorded and may be transcribed (a written transcript may be prepared from a recording of the communication which, with the approval of both courts, should be treated as an official transcript of the communication);
  3. Copies of any recording of the communication, of any transcript of the communication prepared pursuant to any direction of either court, and of any official transcript prepared from a recording should be filed as part of the record in the proceedings and made available to counsel for all parties in both courts subject to such directions as to confidentiality as the courts may consider appropriate; and
  4. The time and place for communications between the courts should be to the satisfaction of both courts. Personnel other than judges in each court may communicate fully with each other to establish appropriate arrangements for the communication without the necessity for participation by counsel unless otherwise ordered by either of the courts.