444 Insufficient interest

The application for holding a voorlopig getuigenverhoor must be rejected if the applicant has insufficient procedural interest in its application. The court is able to assess whether there exists sufficient procedural interest by comparing two hypothetical situations with each other: one in which the application is granted and one in which the application is rejected. If there is no or insufficient difference between the two situations such means that there is no or insufficient interest in the application within the meaning of Article 3:303 of the Dutch Civil Code. Insufficient procedural interest in granting a voorlopig getuigenverhoor exists if the testimony cannot be used for the purpose of the principal action. The difference between rejecting and granting does not exist or does not exist sufficiently in such cases (par. 7.2, 7.3 and 7.4).