Alinea 129 Parket bij de Hoge Raad 8 maart 2002

"4. It has (...) to be asked whether there was a reasonable relationship of proportionality between the limitation applied in this case and the aim sought to be achieved (which we take to be the clearly legitimate aim of ensuring that the Court of Cassation has available to it all the material necessary to enable it to adjudicate properly upon an appeal). For a court of final jurisdiction to be in a position to declare, of its own motion and three years to the day after the appeal was lodged, that an appeal on a point of law is inadmissible because a party has failed to produce a document which is required to be among those available in any event in that court's own registry, and which could also be obtained by a simple request to that party, in our view goes beyond reasonable proportionality. Rules of procedure and their observance are, of course, generally necessary for the administration of justice; but the dismissal of an appeal on so minor a matter of form, and the consequent removal of the possibility of an adjudication on the merits, without the appellant's having been given an opportunity to remedy an omission which could so easily have been repaired, seems to us to be excessive.

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