Law of 8 January 1975, implementing the Hague Convention of 15 November 1965 on the notification and notification abroad of judicial and extrajudicial documents in civil and judicial matters trading business
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All, who will see or hear these, saluut! do know:
As We have taken into consideration, that there is reason to take measures to implement the Treaty establishing the Hague on 15 November 1965 on the notification and notification abroad of judicial and extrajudicial documents in civil and judicial matters; in commercial matters;
It is the case that we, the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve, and understand this:
This law means" the Convention " of 15 November 1965 in the Hague Convention on the service of judicial and extrajudicial documents abroad in civil and commercial matters, including the French and English texts in Tractatenblad 1966, 91 and the translation into Dutch class="cur"> Tractatenblad 1969, 55 is placed.
1 As a central authority, referred to in Article 2 of the Convention, is designated for the Netherlands by the D.A. at the Arrondissementsparket ' s-Gravenhage.
2 until receiving and fusing applications for service in accordance with Articles 3 to 6 of the Convention outside the Arrondissement of The Hague shall also be authorized by the D.A. at the relevant administrative district.
Judgement the district attorney to whom the application is directed, that Article 13 of the Convention applies, then broadcast the documents are duly justified to our Minister of Justice, who shall decide, after consulting our Minister for Foreign Affairs, if necessary.
Subject to the specified First paragraph of Article 2 shall immediately send the application as referred to in the First paragraph of Article 2 (1) , if it is a service within the jurisdiction of another court, without delay by the District Attorney in that other court.
To format the declaration referred to in Article 6 of the Convention shall be the authority of the Public Prosecutor to the administrative district label within the jurisdiction of which service is required to service.
1 As the authority referred to in Article 9 (1) of the Convention, the Netherlands shall be appointed as a prosecutor of the district court within the jurisdiction of which the service is to be served. notification is requested.
1 To do, in accordance with Articles 3 to 6 of the Convention, to issue or to notify in any of the States, where the Convention is in force, it shall be Exploit it in the manner indicated in Article 55, first paragraph of the Code of Civil Procedure, subject to the provisions of Article 8 of this Law.
2 Except the requirements of the Civil Procedure Code for the the addressee of the service will be given the address of the person to whom the service is required. It shall also indicate that the exploit is to be notified or notified in accordance with Articles 3 to 6 of the Convention, with a declaration of whether or not:
a. simple issue;
b. on the basis of the forms, in the legislation of the State to be drawn up, required for the service or notification of documents drawn up in that country and intended for the purpose of drawing up documents in that country persons;
c. service, as under b , only if simple release is not possible; or
d. service in a special form to be clearly specified in the exploit.
3 In each of the previous paragraphs below b, c , and d , the exploit is accompanied by an indication, in one of the languages mentioned in Article 7, second paragraph, of the Convention, of all data required for the preparation of the part of the application, referred to in Article 5, last paragraph, of the Convention.
4 A second copy of the exploit, as well as if An individual document will be served on that piece, which will be attached.
5 The third and fourth paragraphs shall only apply to the contrary. does not follow an agreement as referred to in Articles 20 and 24 of the Convention.
1 The transmission of a copy of the document required by Article 55, first paragraph of the Civil Procedure Code In the case of Article 7, exploit is left to the Ministry of Foreign Affairs.
2 Unless otherwise The official shall, as provided for in Articles 11 or 24 of the Convention, arrange for the public prosecutor to whom the exploit has been served, with regard to the copy and, where appropriate, to make it known to the public. individual document, without delay, an application for service in accordance with Articles 3-6 of the Convention to the Central Authority or to any other competent authority designated pursuant to Article 18 (1) of the Convention, of the State, where service is to be served.
3 When the Central Authority, or the other referred to in the previous paragraph, authority, require that the document, or the documents to be served, be drawn up or translated into a language, as referred to in Article 5, third paragraph, of the Convention, the official shall contact the public prosecutor of the Ministry of Justice. lawyer or delegate of the person to whom the exploit has been released or, if it is not apparent from the exploit by a lawyer or authorised representative, that person himself, without delay, inform the person concerned, with a request for transmission of two copies of the document lodged in the said language, or of the pieces. Immediately upon receipt of those copies, the official shall forward them to the public ministry to the central or other authority.
The official at the public ministry the declaration referred to in Article 6 of the Convention, immediately upon receipt to the lawyer or agent of the person, to whom the exploit has been released, or, if the exploit does not appear to be a lawyer or agent, to this person itself.
1 By way of derogation from the provisions of Article 15 The court may decide, even if no proof, of service, or of issue has been received, if any of the following conditions are satisfied:
a. the document has been transmitted to one of the methods laid down in the Convention,
b. a period of time has elapsed since the date of transmission of the document, which will be determined by the court for each individual case, but at least six months,
c. in spite of all the For that purpose, no evidence is obtained from the competent authorities.
2 Is in a case where there is no evidence as of which the first paragraph is received, fails to comply with the conditions laid down in that paragraph, the court may, whether or not in the course of a period to be determined by the judge, if he considers that the case may be present, the provision of default against the Deny defendant.
An application for a new term, as referred to in Article 16 of the Convention, is admissible only if it is has been submitted within one year of the day of the decision.
This law will enter into force on a By Us determining time.
Orders and orders to be placed in the State Sheet , and to all ministerial departments, authorities, colleges, and public servants, accurate execution will hold the hand.
Give Paleize Soestdijk, January 8, 1975
The Secretary of State for Justice,
J. F. GLASTRA OF LOON.Issued the 23rd of January 1975.
The Minister of Justice,