Conduct ESCP
The ESCP is in principle a written procedure (Article 5 ESCP). To guarantee the right to a fair trial within the meaning of Article 6 ECHR and 47 EU Charter of Fundamental Rights, it is provided that court shall hold an oral hearing if it considers this to be necessary or if a party so requests. This request may be refused if the court considers that with regard to the circumstances of the case, an oral hearing is obviously not necessary for the fair conduct of the case. The reasons thereto shall be given in writing.
Other procedural rules are laid down in Articles 8-14 ESCP:
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An oral hearing may be held through video conference or other communication if the technical means are available (Article 8).
Article 8
Oral hearing
The court or tribunal may hold an oral hearing through video conference or other communication technology if the technical means are available. -
The court shall determine the means of taking evidence and the extent of the evidence necessary for its judgment under the (national) rules applicable to the admissibility of evidence (Article 9). The court may admit the taking of evidence through written statements of witnesses, experts or parties. In any case, the court shall use the simplest and least burdensome method of taking evidence.Article 9
Taking of evidence
1. The court or tribunal shall determine the means of taking evidence and the extent of the evidence necessary for its judgment under the rules applicable to the admissibility of evidence. The court or tribunal may admit the taking of evidence through written statements of witnesses, experts or parties. It may also admit the taking of evidence through video conference or other communication technology if the technical means are available.
2. The court or tribunal may take expert evidence or oral testimony only if it is necessary for giving the judgment. In making its decision, the court or tribunal shall take costs into account.
3. The court or tribunal shall use the simplest and least burdensome method of taking evidence.
