Based on Supreme Court judgment No. 31744 of 15 November 2023, the Party-appointed technical consultant cannot plead the invalidity of the technical report on the grounds that the Court-appointed technical consultant has used unauthorized documents.
However, it is to be noted that this objection can be made, pursuant to art. 157, paragraph 2 c.p.c. either at first instance or at the hearing following the filing of the expert report.