CHAPTER IITRANSMISSION AND EXECUTION OF REQUESTS
Section 3Taking of evidence by the requested court
Article 14Refusal to execute
1
A request for the hearing of a person shall not be executed when the person concerned claims the right to refuse to give evidence or to be prohibited from giving evidence,
a
under the law of the Member State of the requested court; or
b
under the law of the Member State of the requesting court, and such right has been specified in the request, or, if need be, at the instance of the requested court, has been confirmed by the requesting court.
2
In addition to the grounds referred to in paragraph 1, the execution of a request may be refused only if:
a
the request does not fall within the scope of this Regulation as set out in Article 1; or
b
the execution of the request under the law of the Member State of the requested court does not fall within the functions of the judiciary; or
c
the requesting court does not comply with the request of the requested court to complete the request pursuant to Article 8 within 30 days after the requested court asked it to do so; or
d
a deposit or advance asked for in accordance with Article 18(3) is not made within 60 days after the requested court asked for such a deposit or advance.
3
Execution may not be refused by the requested court solely on the ground that under the law of its Member State a court of that Member State has exclusive jurisdiction over the subject matter of the action or that the law of that Member State would not admit the right of action on it.
4
If execution of the request is refused on one of the grounds referred to in paragraph 2, the requested court shall notify the requesting court thereof within 60 days of receipt of the request by the requested court using form H in the Annex.