Generally, the summons must be complied with unless one is unable to do so due to illness, disability, or other justified obstacles – in these cases, no excuse is required. Vacation-related or professional impediments can also constitute an obstacle if the impediment could not have been removed through reasonable efforts.
While a simple summons cannot be enforced by compulsion, non-appearance can still have adverse consequences. For example, a witness who fails to appear may be liable for the costs incurred.
In the case of unjustified non-compliance with a summons with a decree, the coercive measures threatened in the decree can be imposed. For example, penalties of up to EUR 726 or imprisonment of up to four weeks may be considered as coercive penalties. Compulsory attendance is also possible.
