Onder 4.49 Parket bij de Hoge Raad 26 juli 2013

46. In the present case, the applicant company's cassation appeal was not examined due to its failure to pay the court fee. The Court notes that the parties disagreed as regards the circumstances surrounding the applicant company's request for deferral of payment of the court fee of 3 February 2003, which the applicant company had submitted together with its cassation appeal (see paragraph 18 above). In this respect, the Court notes that the Government's argument that this request had been examined and granted by the Court of Cassation is not supported by the materials of the case. On the contrary, all the materials suggest that the Court of Cassation, as opposed to the Commercial Court of Appeal and the Commercial Court, did not take any decision on the applicant company's request. It is not clear on what grounds the Government referred to the Court of Cassation's letter of 14 February 2003 as a “decision” taken on the applicant company's request for deferral, especially in view of the fact that this letter contains no mention whatsoever of this request or the circumstances surrounding it (see paragraph 19 above). The Court therefore concludes that the applicant company's request for deferral was not examined by the Court of Cassation.

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