Appeal against the stay of proceedings order based on Article 242 of the Civil Procedure Code for non-payment of the expert's fee

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

From the wording of Article 242 of the Civil Procedure Code, it follows that the sanction of stay of proceedings of the case for failure to comply with the procedural obligations established by the court may be applied to the plaintiff only when the normal conduct of the trial is impeded by his lack of diligence.

In the present case, the expert evidence was granted at the request of the parties, the provisional fee of 1,500 lei was paid by them, and the evidence was in fact administered, by the submission of the expert report, so that it could not be argued that the proceedings were prevented from proceeding by the fault of the plaintiff.

According to the provisions of Article 339 (2) of the Civil Procedure Code, the court may increase the expert's fee by an enforceable decision. Therefore, even if the parties do not pay the additional fee fixed by the court during the trial, the expert may enforce the right out of court, on the basis of the enforceable judgment.