DCC 281/2004

The essence of proof in the lawsuit. The trial judge alone, and not the duty judge, has the jurisdiction to make a decision on the adversaries' objective cassations regarding the expert report. The jurisdiction of the duty judge to adopt the report of the expert appointed by him in order to prove the action.

Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation

Whereas the cassation has fulfilled all formal conditions.