Jurisdiction(s):
United Kingdom

Key definition

EU member state definition

What does EU member state mean? In legal practice, EU member state describes any country that belongs to the European Union and is used to set the territorial reach of rights, obligations and procedures (for example jurisdiction, service and enforcement, data protection, public procurement, competition and sanctions). The term reflects the definition in the EU Treaties and is used descriptively across legal contexts. In UK legislation after Brexit, “member State” typically means an EU Member State other than the United Kingdom; usage is consistent across England & Wales, Scotland and Northern Ireland. In Irish law, the term follows the Treaties and the European Communities Acts. The EU Member...

Taking evidence from EU Member States for proceedings in England and Wales—Regulation 1206/2001 (archived transitional guidance; old CPR Part 34/PD 34A; recast overview)

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Practice notes

ARCHIVED :

This Practice Note applies when seeking to obtain evidence in an eu member state where the transitional arrangements on taking evidence in Article 68(b) of the withdrawal agreement had been satisfied before ip completion day (31 December 2020). For guidance in assessing whether those transitional criteria have been fulfilled, consult Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, especially the main section: Taking of evidence. If the transitional provisions do apply, the rules and practice direction that were operative immediately prior to implementation day (i.e. 30 December 2020 at 11 pm) will continue to govern. In this Practice Note they are described as old Part 34 and old practice direction 34A. For further guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived], in particular the main section: Part 34—Witnesses, depositions and evidence for foreign courts. Copies of the former rule and the associated practice direction are available here: Regulations and rules. Where evidence was needed to support proceedings in England and Wales, the court was able to make and issue a formal request for that evidence to the courts of the EU Member State in which the evidence was to be taken...

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Web page updated on 22/05/2026

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