Request for a preliminary ruling from the Tribunal judiciaire de Chambéry (France) lodged on 20 February 2024 - xx v ww yy, zz, vv

(Case C-196/24, Aucrinde) ¹

Language of the case: French

Referring court

Tribunal judiciaire de Chambéry

Parties to the main proceedings

Applicant: xx

Defendants: ww, yy, zz, vv

Other party: Ministère public

Questions referred

Does Article 12 of 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 ¹ , allow a national court to refuse to apply that regulation and to comply with the request from the requesting State, on the ground that the procedure specified in the request is contrary to fundamental principles of the national law of the requested State, and in particular Article 16-11 of the Civil Code?

If Article 12 of 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 applies regardless of national law, how should Article 1 (right to dignity) and Article 7 (right to respect for private life) of the Charter of Fundamental Rights be interpreted and the links between them determined in order to establish whether or not such an application of the Regulation infringes the Charter of Fundamental Rights?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

¹ OJ 2020 L 405, p. 1.