Article 97
Taking of evidence
- In any proceedings before the Office, the means of giving or obtaining evidence shall
include the following:
- (a) hearing the parties;
- (b) requests for information;
- (c) the production of documents and items of evidence;
- (d) hearing witnesses;
- (e) opinions by experts;
- (f) statements in writing sworn or affirmed or having a similar effect under the law of the State in which the statement is drawn up.
- The relevant department may commission one of its members to examine the evidence adduced.
- If the Office considers it necessary for a party, witness or expert to give evidence orally, it shall issue a summons to the person concerned to appear before it. The period of notice provided in such summons shall be at least one month, unless they agree to a shorter period.
- The parties shall be informed of the hearing of a witness or expert before the Office. They shall have the right to be present and to put questions to the witness or expert.
- The Executive Director shall determine the amounts of expenses to be paid, including advances, as regards the costs of taking of evidence as referred to in this Article.
- The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the detailed arrangements for the taking of evidence.