Enforce Judgments in the Netherlands

English: The coat of arms of the Netherlands

English: The coat of arms of the Netherlands (Photo credit: Wikipedia)

A Dutch Attorney can enforce an foreign judgment in the Netherlands. If a judgment is not from a Dutch Court it can only be enforced directly in the Netherlands if this is provided for in a treaty of EC-regulation. Ask a Dutch lawyer for advise on the possiblitlity of enforcement of an judgment in the Netherlands. The Netherlands are member to several treaties regarding enforcement and recognition of foreign judgment.

Recognition foreign judgment

A specialized Dutch lawyer can advise on such enforcement.A Dutch Court will recognize a foreign judgments if:

  1. The foreign judgments follows from proceedings which are similar to Dutch concepts of due process;
  2. The foreign judgments may not contravene Dutch public policy;
  3. The foreign Court must be competent on grounds which are internationally recognized.

Recognition should be distinguished from enforcement of a foreign judgments. To enforce a judgments in the Netherlands, such enforcement should be allowed through a treaty of EU-regulation. There is no recognition treaty between the Netherlands and  the United States. Therefore judgment from the US can not be enforced directly in the Netherlands. This means that a procedure should be started in the Netherlands to obtain a Dutch judgments. The result of this procedure will very likely be the same as in the US, unless the merits of the case are different.

EC-regulation on enforcement and recognition

Judgments from the EU-member states as well as the states of the Switzerland, Norway and Iceland may be enforced in the Netherlands of a leaf is obtained from the judge of the District Court. Such a leaf can be requested by a Dutch lawyer and may be obtained at short notice. The judge will not go into the merits of the case. Usually the leaf will be granted automatically. A defendant should file a defense on the limited grounds, which the application for enforcement can be denied by the judge. The judge will not recognize a judgment from an EC-country of the judgment is contrary to Dutch public policy or if formal requirements have not been met.

The European enforcement order

The European enforcement order may be obtained on the grounds stipulated on EC-regulation 805/204. The claim at hand should be uncontested. The Court proceedings in the member state of origin should meet procedural requirements. The judgment in the member state of the court should be certified as a European enforcement order and therefore it is not necessary to obtain a declaration of enforcement in the other member states.

Uncontested monetary claims

A Court offer of a EU-member state may issue a European order for payment. The Court can also ensure that the order is being served on the defendant. Only of the defendant opposes the order, the proceedings will comments before the competent Court of the member state. Without defense the European order for payments can be enforced in all member states.

European small claims procedure

Under EC regulation 861/207 a procedure is made possible for all member states for claims are not exceeding € 2000,–. At least one of the parties involved should be domiciled in a member state of residence there. A judgment following a European small claim procedure may be enforced in the EU-member states.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s