EU JudgeCo Guideline 9 - E-Communication to Foreign Insolvency Practitioner or Foreign Court Representative

In the event of a communication between the court and an authorised representative of the foreign court or a foreign insolvency practitioner 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 the court:

  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 should be recorded and may be transcribed (a written transcript may be prepared from a recording of the communication which, with the approval of the court, can 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 the 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 the other court and to counsel for all parties in both courts subject to such directions as to confidentiality as the court may consider appropriate; and
  4. The time and place for the communication should be to the satisfaction of the court. Personnel of the court other than judges may communicate fully with the authorised representative of the foreign court or the foreign insolvency practitioner to establish appropriate arrangements for the communication without the necessity for participation by counsel unless otherwise ordered by the court.