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Case C-283/09: Judgment of the Court (First Chamber) of 17 February 2011 (reference for a preliminary ruling from the Sąd Rejonowy Warszawa — Republic of Poland) — Artur Weryński v Mediatel 4B Spółka z o.o. (Judicial cooperation in civil matters — Taking of evidence — Examination of a witness by the requested court upon application by the requesting court — Payment of witness expenses)

ECLI:EU:UNKNOWN:62009CA0283

62009CA0283

February 17, 2011
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Official Journal of the European Union

C 103/5

(Case C-283/09) (<span class="super">1</span>)

(Judicial cooperation in civil matters - Taking of evidence - Examination of a witness by the requested court upon application by the requesting court - Payment of witness expenses)

2011/C 103/06

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Artur Weryński

Defendant: Mediatel 4B Spółka z o.o.

Re:

Reference for a preliminary ruling — Interpretation of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p. 1) — Hearing of a witness by a court of a Member State at the request of a court of another Member State — Witness expenses — Possibility for the requested court to demand from the requesting court payment of an advance for the witness heard

Operative part of the judgment

Articles 14 and 18 of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters must be interpreted as meaning that a requesting court is not obliged to pay an advance to the requested court for the expenses of a witness or to reimburse the expenses paid to the witness examined.

(<span class="super">1</span>) OJ C 244, 10.10.2009.

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