27.10.2012

EN

Official Journal of the European Union

C 331/8

Judgment of the Court (First Chamber) of 6 September 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) — Maurice Robert Josse Marie Ghislain Lippens, Gilbert Georges Henri Mittler, Jean Paul François Caroline Votron v Hendrikus Cornelis Kortekaas, Kortekaas Entertainment Marketing BV, Kortekaas Pensioen BV, Dirk Robbard De Kat, Johannes Hendrikus Visch, Euphemia Joanna Bökkerink, Laminco GLD N-A, Ageas NV, formerly Fortis NV

(Case C-170/11) ( 1 )

(Regulation (EC) No 1206/2001 - Cooperation in the taking of evidence in civil and commercial matters - Matters covered - Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State - Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State)

(2012/C 331/12)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicants: Maurice Robert Josse Marie Ghislain Lippens, Gilbert Georges Henri Mittler, Jean Paul François Caroline Votron

Defendants: Hendrikus Cornelis Kortekaas, Kortekaas Entertainment Marketing BV, Kortekaas Pensioen BV, Dirk Robbard De Kat, Johannes Hendrikus Visch, Euphemia Joanna Bökkerink, Laminco GLD N-A, Ageas NV, formerly Fortis NV

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 1(1) 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 ) — Score — Hearing of witnesses by Netherlands courts of witnesses who are also parties to the main proceedings but not resident in the Netherlands — Domestic procedural law

Operative part of the judgment

The provisions 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, in particular Article 1(1) thereof, must be interpreted as meaning that the competent court of a Member State which wishes to hear as a witness a party residing in another Member State, has the option, in order to perform such a hearing, to summon that party before it and hear him in accordance with the law of its Member State.

( 1 ) OJ C 179, 18.6.2011 .