Key Benefits:
Law of 8 January 1975, implementing the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial documents in civil and commercial matters
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken account of the need to make provision for the implementation of the Treaty of 15 November 1965 on the notification and notification abroad of judicial and judicial matters in respect of the development of the European Union. extrajudicial documents in civil and commercial matters;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Law, 'the Convention' shall mean the Convention on the service abroad of judicial and extrajudicial documents in civil and commercial matters entered into in The Hague on 15 November 1965. of which the French and English text in Tractatenblad 1966, 91 and translation into Dutch in Tractatenblad 1969, 55 is placed.
1 As a central authority as provided for in Article 2 of the Convention, the D.A. shall be appointed to the Netherlands Prosecutor of the Hague.
2 To receive and make applications for service in accordance with Articles 3 to 6 of the Convention outside the Arrondissement of The Hague, the Public Prosecutor shall also be entitled to the relevant arrondissementspbrentre.
If the Prosecutor's Office is to whom the application is made, that Article 13 of the Convention applies, he shall send the documents to our Minister of Justice for reasons which, if necessary, after consulting our Minister for Foreign Affairs, shall send the documents to the Court of Justice. Business, decides.
Subject to the provisions of the Article 3 transmits the First paragraph of Article 2 shall, without delay, forward the application to the district attorney in the other court of application of the application, if it concerns a service within the jurisdiction of another court.
The public prosecutor shall be responsible for the declaration provided for in Article 6 of the Convention within the jurisdiction of the District Court within the jurisdiction of which the service was requested.
1 If the authority referred to in Article 9 (1) of the Convention is the authority of the Netherlands, the district prosecutor shall be appointed to the district office in the jurisdiction of which the service is requested.
2 The Articles 3 and 5 where possible, by analogy, shall apply mutatis mutandis to documents forwarded for service by another Contracting State in any of the routes referred to in Article 9 of the Convention.
1 In accordance with Articles 3 to 6 of the Treaty, to make or to issue a judicial or extrajudicial document in one of the States, where the Convention is in force, it shall be effected in accordance with the procedures laid down in Article 55, First paragraph of the Code of Civil Procedure , subject to the provisions of the Article 8 of this law.
2 Except requirements in case of: Law of Civil Procedure for the use of the exploit, it shall specify the address of the person to whom the service is required. It shall also indicate that it is intended to be effected or to be notified of the exploit in accordance with Articles 3 to 6 of the Convention, with a declaration of whether:
a. Simple issue;
(b) service having regard to the forms prescribed for the service of documents drawn up in that country and intended for the persons inside it, in the legislation of the State to be used;
c. Notification or notification, as under B 'allone' in the event of a simple issue not being possible; or
d. service in a special form to be clearly specified in the exploit.
3 In each of the members of the previous b, c and Ed The parties must be accompanied by an indication, in one of the languages mentioned in Article 7, second paragraph, of the Convention, of all the information required for the preparation of the part of the application, as provided for in Article 7 (2) of the Convention. Article 5 , last paragraph, of the Convention.
4 A second copy of the exploit, together with a separate document, shall be attached to that document.
5 The third and fourth paragraphs shall apply only to the extent that the contrary is not the subject of an agreement as provided for in Articles 20 and 24 of the Convention.
1 The Article 55, First paragraph of the Code of Civil Procedure The transmission of a copy of the exploit to the Ministry of Foreign Affairs shall, in the case of: Article 7 No, no, no.
2 Unless otherwise provided for in an agreement as referred to in Articles 11 or 24 of the Convention, the official shall address to the public prosecutor who has been served the exploit, with regard to the transcript and, where appropriate, to the An individual document shall, without delay, make an application for service in accordance with Articles 3-6 of the Convention until the Central Authority or any other person designated pursuant to Article 18 (1) of the Convention. the competent authority of the State, where the service is to be made.
3 Where the central authority or the other authority referred to in the preceding paragraph requires that the document or documents to be served shall be drawn up or translated into a language, as referred to in Article 5, third party, or Member, of the Convention, the official shall, in the public prosecutor's office, enter the lawyer or delegate of the person to whom the exploit has been made, or, if the exploit does not appear to be a lawyer or agent, that person himself, without delay, with a request for the transmission of two in the said language, without delay provided copies of the piece, or of the pieces. Immediately upon receipt of those copies, the official shall forward them to the central or other authority at the public prosecutor's office.
The official at the prosecutor's office shall immediately forward the declaration provided for in Article 6 of the Convention to the lawyer or authorised representative of the person, to whom the exploit has been released, or, if it is the case of the person concerned, to whom the official report is based. Exploit is not found by an attorney or agent, to this person himself.
1 By way of derogation from the provisions of Article 15, first paragraph, of the Convention, the court may decide, even if no proof, of service, or of issue has been received, if any of the following conditions is met: satisfied:
(a) the document has been forwarded to one of the methods laid down in the Convention,
(b) since the date of transmission of the document, a period has elapsed which will be fixed by the court for each individual case, but shall be at least six months,
c. no proof shall be obtained in spite of any attempt to do so by the competent authorities.
In a case where no proof as referred to in paragraph 1 is received, is not satisfied by the conditions laid down in that paragraph, the court may, whether or not in the course of a period to be determined by him, shall be able to do so. Eight, refuse to grant absentia against the defendant.
A request for the granting of a new period, as set out in Article 16 of the Convention, shall be admissible only if it has been lodged within one year of the day on which the decision was given.
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 8 January 1975
JULIANA.
The Secretary of State for Justice,
J. F. GLASTRA OF PAY.
Issued the 23rd of January 1975.The Minister of Justice,
FROM AGT.
