Court of Justice of European Communities: a national court is not obliged to pay the expenses of a witness examined at its request by a court of another Member State

February 17, 2011 at 9:54 pm Leave a comment

Under  Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States inthe taking of evidence in civil or commercial matters a court in one member state can ask competent court in another Member state to collect evidence. In a recent case an Irish court refused to hear a witness before the asking Polish court pays for his travel expenses (‘a viaticum’). The Court of Justice of European Communities reasoned:

“As far as concerns the payment to the requested court of an advance for witness expenses, theCourt states that the possibility of refusing to execute a request for the taking of evidence should be confined to strictly limited exceptional situations. It follows that the grounds on which execution of such a request may be refused are those exhaustively listed in the regulation. The latter does not provide, however, that an advance for examining a witness may be required. The requested court was not therefore entitled to make the examination of a witness conditional on prior paymentof an advance covering his witness expenses. Therefore, the requesting court was not obligedto pay such an advance.”

Read the Judgment in Case C-283/09 here


Entry filed under: Access to Justice, EU.

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